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26 Cards in this Set
- Front
- Back
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Adversarial system of justice
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Litigants present their case before a neutral party
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Stare decesis
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"Let the decision stand" precedents are upheld
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Senior judge
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A retired judge who may be called upon for expertise.
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Clerk of the Court
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Courts primary administrative officer
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Subject Matter Jurisdiction
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Area of law where a court has jurisdiction
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Federal Question Jurisdiction
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Can a case be heard in Federal court
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Federal courts can decide cases: (4)
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I. Disputes under federal law
II. Conflicts between US Government III. Conflicts between states and the U.S. government IV. Disputes between the U.S. and Foreign governments |
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Diversity jurisdiction
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Federal courts can hear cases where parties are citizens of different states
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Personal jursisdiction
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Whether a court has jurisdiction over a person or business entity.
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What is the monetary amount of dispute to be tried in Federal court.
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$75,000
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Supreme court has __ justices?
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9
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Supreme court hears___ cases per year.
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100-150
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Most supreme court cases involve: (3)
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I. Interpretation of existing law
II. Intent of congress in passing laws III. Whether legislation or executive acts are legal. |
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Original Jurisdiction
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I. Cases involving states or foreign dignitaries
II. These cases must originate in the Supreme court and may be passed to lower court later. |
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Judiciary act of 1789
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I. Established supreme court
II. Established one chief justice and five associates. |
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I. Established the supreme court
II. One chief justice and five associates |
Judiciary Act of 1789
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Dissenting opinions
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Majority or Minority opinions rendered when the supreme court decision is not unanimous
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Concurring opinions
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Supreme court justices write concurring opinions with decision for different reasons
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Case law
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Law created by judges written opinions
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How many Circuit federal appellate courts are there?
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12
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Writ of Certiorari
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Official request for the Supreme court to hear a case
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Bankruptcy Appellate Panels
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I. Composed of 3 judges
2. Hear appeals of bankruptcy court opinions |
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Marbury vs Madison established?
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Judicial review
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"A legislative act contrary to the Constitution is not law"
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Judicial Review
Marbury vs Madison |
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Trial courts of the federal system are called____
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District courts
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Grand juries indict the accused in
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Federal district courts
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