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Judicial Process > Ch. 1-4 > Flashcards

Ch. 1-4 Flashcards

(75 cards)

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1
Q

Supreme Court Justices

A

John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kasan, Neil Govsuch, Brett Kavanaugh, Amy Coney Barrett, Katanji Jackson

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2
Q

Political Science

A

The systematic study of government and politics

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3
Q

Federalism

A

Levels of government (2 levels: fed and state)

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4
Q

Strict Construction

A

What the forefathers set up

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5
Q

Judicial Restraint

A

Belief that the government should be restrained

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6
Q

Loose construction

A

The belief that the constitution is a living document and changes with the time

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7
Q

Judicial Activism

A

Government can be changed and interpreted

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8
Q

Legal System

A

An array of government institutions and a number of key actors and participants

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9
Q

Law

A

Standards of conduct; establish procedures in governing

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10
Q

Courts

A

Enforce the laws and decide disputes based upon the law

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11
Q

Legislature

A

Make laws; principal law makers

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12
Q

Dual court systems

A

State and federal

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13
Q

Litigation

A

The process that defines disputes and how they are handled

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14
Q

Politics

A

Those involved in the process of governing

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15
Q

Civil law

A

The oldest family of law, Roman law, based on code

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16
Q

Code

A

Compilation of laws

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17
Q

Common law

A

Judge made law, brings precedent

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18
Q

Equity

A

Remedies other than damages, not based on money

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19
Q

Plaintiff

A

The one suing

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20
Q

Precedent

A

Judge made decision to be followed by other cases

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21
Q

Stare Decisis

A

Let the decision stand; precedent

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22
Q

Dicta

A

Judicial expressions in a case non-binding

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23
Q

Holding in the case

A

Court’s deciding

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24
Q

Adversary system

A

American system of how two sides compete in court

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25
Constitution
Fundamental law of the land
26
Bill of rights
First ten amendments of constitution and protects basic rights
27
Statutes
Laws passed by legislature, second run of law, congress is the most important legislative body
28
Administrative regulations
Third run, government bureaucracy
29
3 kinds of Public Law
Criminal law, constitutional law, and administrative law
30
Private law
Laws covering disputes between private property
31
Tort
Private wrong wanting compensation
32
Injury
Harm, a violation of another person’s legal rights
33
Contract
A legal agreement, usually in writing
34
Property
A legal right to use or dispose of items
35
Real property
Land and the buildings attached to
36
Personal property
Possessions other than land
37
Will
Legal disposition of property after death
38
Civil suit
One person suing another for damages
39
Felony
A serious crime
40
Misdemeanor
Less serious crimes
41
Substantive law
Laws that deal with content
42
Right
The ability to control certain activities of other people
43
Procedural law
Methods of enforcing rights
44
Rules of court
Specify how lawsuits are filed, procedures they have to go through, and the time frame
45
Due process of law
Fundamental protection of rights
46
Judgement
Official court decision
47
Remedy
Vindication of a claim of a right; a right that’s enforced, preventing a violation of a right
48
Restitution
To restore or to make good
49
Compensatory damages
Civil cases, money damages for harm suffered
50
Punitive damages
Civil cases, money damages beyond actual harm; action that is wanton, reckless, or reprehensible
51
Injunction
A court order to do or not do something
52
Doctrines of Access
Rules/ procedures established by the judiciary that prevents access to the court
53
Jurisdiction
The authority of a court to hear a case
54
Extradition
The process of returning a person to the area a crime was committed
55
Original jurisdiction
The court that hear the case first (trial courts)
56
Appellate Jurisdiction
The power to review cases that have already been decided by another court
57
Dual court system
Fed and state courts
58
Writ of Certiorari
Order to a lower court to send up records of a case to see if a law was properly applied
59
Rule of four
Four justices on the US Supreme Court must vote to hear the case
60
Constitutional courts
Article III courts, more independent, district courts, US courts of appeal, US Supreme Court: lifetime appointments
61
Legislative courts
Established by congress under article I, specific terms (no lifetime appointments), no salary, important for business and hears bankruptcy cases, magistrates
62
Trial courts of limited jurisdiction
General district courts; small cases with no significance, no lawyers or juries
63
Courts of records
Higher courts that keep transcripts (can be appealed)
64
Small claims courts
Civil cases, limited jurisdiction
65
Trial courts of general jurisdiction
Circuit courts
66
Domestic Relations cases
Juvenile domestic relations (JDR)
67
Probate
Estates
68
State Court of Last Resort
State’s Supreme Court
69
En banc
As a group
70
Discretionary jurisdiction
Choose the cases in which you hear
71
Municipal courts
City courts
72
Juvenile courts
Deals with children
73
Parens patriae
The state is the one in charge of
74
Delinquent
A child who is constantly in trouble
75
Status offenses
Only applies to juveniles, most common offense is runaways

Judicial Process (3 decks)

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