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42 Cards in this Set

  • Front
  • Back
Inferior Courts
the lower federal courts
Jurisdiction
the authority of a court to hear (try to decide) a case
exclusive jurisdiction
those cases can be heard only in the federal courts
concurrent jurisdiction
power shared by federal and state courts to hear certain cases
plaintiff
the person who files suit
defendant
the person whom the complaint is against
original jurisdiction
the power of a court to hear a case first, before any other court
appellate jurisdiction
the authority of a court to review decisioins of inferior (lower) courts
criminal case
a case in which a defendent is tried for commiting a crime as defined by the law
civil case
a case involving a noncriminal matter such as a contract dispute
docket
list of cases to be heard
writ of certiorari
an order by the court directing a lower court to send up the record in a given case for its review
certificate
method of putting a case before the supreme court. used when a lower court is not sure about the procedure or rule of law that should apply in a case ans asks the supreme court to certify the answer to a specific question
majority opinion
officially calle the opinion of the court. it announces the courts opinion and sets out a reasoning upon which it is based
precedent
court decision that stands as an example to be followed in future, similar cases
concurring opinion
to add or emphasize a point that was not made in a majority opinion
dissenting opinion
written explanations of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court
redress
satisfaction of a claim, payment
courts-martial
military courts
civilian tribunal
a court operating as part of the judicial branch, entirly seperate from the military establishment
due process
the government must act fairly and in accord with established rules in all that it does
substantive due process
the government must create fair policies and laws
procedural due process
the government must employ fair procedures and methods
police power
the authority of each state to act tp protect and promote the public health, safety, morals, and general welfare of its people
search warrent
a court order authorizing a search
involuntary servitude
forced labor
discrimination
bias,unfairness
writs of assistance
blanket serch warrent with which British customs officials had invaded private homes to search for smuggled goods
probable cause
reasonable grounds, a reasonable suspision of a crime
exclusionary rule
evidence gained as the result of an illigal act by police cannot be used against the person from whom it was seized
writ of habeas corpus
a court order which prevents unjust arrests and imprisonments
bill of attainder
a legislative act that inflicts punishment without a court trial
ex post facto law
a law applied to an act committed before its passage
grand jury
the formal device by which a person can be accused of a serious crime
indictment
a formal complaint before a grand jury which charges the accused with one or more crimes
double jeopardy
part of the 5th Amendment which says that no person can be put in jeopardy of life or limb twice.
bench trial
a trial in which the judge alone hears the case
Miranda Rule
the constitutional rights which police must read to a suspect before questioning can occur
bail
a sum of money that the accused may be required to post (deposit with the court) as a guarantee that he or she wil appear in the court at the proper time.
preventive detention
a law which allows federal judges to order that an accused felon be held, without bail, when there is a good reason to believe that he or she will commit yet another serious crime before trial
capital punishment
the death penalty
treason
betrayal of one's country