4 C-2 Flashcards

(36 cards)

1
Q

practice of following precedents established in previous court cases

A

stare decisis

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2
Q

highest civil government or authority

A

state

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3
Q

minor criminal offense

A

misdemeanor

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4
Q

serious criminal offense

A

felony

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5
Q

statutory law dealing with offenses against society

A

criminal law

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6
Q

private law regulating relationships between private citizens or organizations

A

civil law

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7
Q

hears cases for the first time

A

court of first instance

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8
Q

hears appeals of lower court decisions

A

appellate court

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9
Q

limiting of certain cases to federal court jurisdiction

A

exclusive jurisdiction

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10
Q

sharing of jurisdiction between state and federal courts

A

concurrent jurisdiction

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11
Q

any court order directing a person to do or not do some act

A

writ

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12
Q

Supreme Court order requesting records from a lower court

A

writ of certiorari

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13
Q

suits between parties from different states involving more than $75,000

A

diversity cases

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14
Q

“with all judges present”

A

en banc

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15
Q

agrees with the conclusion, but not necessarily the reasoning, of the majority

A

concurring opinion

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16
Q

disagrees with the majority opinion

A

dissenting opinion

17
Q

statement of opinion going beyond the conclusions necessary to support the decision

A

obiter dictum

18
Q

A ___ code consists of principles that classify behavior as right or wrong; __ is the body of rules issued by government and applied by the courts; and ___ refers to the usages, practices, or conventions regulating social life.

A

moral, law, custom

19
Q

___ power is the power to hear and decide disputes and render judgments.

20
Q

a lower court decisions applied to a higher one is usually based on ___ of the ___ rather than on findings of ___.

A

interpretation, law, fact

21
Q

The term ___ jurisdiction refers to a court that hears cases for the first time.

22
Q

According to the ___ concept of the judge’s role in the government, his responsibility is to discover law and not to make it.

23
Q

The ___ concept of the judge’s role has been applied when court decisions have the effect of making law and policy.

24
Q

The ___ is the only federal court specifically provided for by the constitution.

A

Supreme Court

25
either the ___ of the matter or the ___ or residence of each of the parties must form the basis for federal court cases.
nature, status
26
Court os Appeals, federal district courts, and the Supreme Court are courts of ___ jurisdiction; other courts created by conger are courts of ___ jurisdiction.
general, special
27
There are currently ___ district courts and ___ court of appeals.
94, 13
28
___ Supreme Court justices must agree to review a case or it will be dismissed
4
29
The ___, with confirmation of the ___ appoints Supreme Court justices.
President, Senate
30
Judicial ___ is the power of a court to enforce a constitution by declaring unconstitutional government agency acts which do not conform to it.
review
31
___ established and controls much of the operation, administration, composition, and organization of the Supreme Court
Congress
32
body of judge-made law involving application of precedents
common law
33
written rules of conduct enacted by a legislative body
statutory law
34
regulations made by executive and administrative agencies
administrative law
35
written code of rules and procedures applied by the court
civil law
36
preventive justice to enforce a legal duty or to prevent a right violation
equity law