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