Chapter 3 - The Judicial System Flashcards Preview

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Flashcards in Chapter 3 - The Judicial System Deck (44)
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1

Modify

An appellate court action that is something less than reversing a decision but something more than simply affirming it

2

Federal District Court

The trial court of the federal system

3

Brief

Provides the appellate court with a summary of the case and issues involved

4

Remand

The action an appellate court takes when a case is sent down to a lower court for a retrial

5

Dissenting Opinion

Opinion written by a judge who disagrees with the decision of the majority of the court

6

Defendants

The party who is alleged to have committed a wrong in a civil lawsuit; the charged party in a criminal prosecution

7

Venue

Geographic location of a trial

8

Trial Court

The court where the case is presented and witnesses testify

9

Appellee

The party who does not appeal the lower court decision

10

International Court of Justice

Voluntary court in the international system of law; nonbinding decisions

11

Reverses

Action of an appellate court in changing the decision of a lower court because a reversible error has been made

12

European Court of Human Rights

A noncommercial court dealing with disputes over the treatment of a country's citizens

13

Oral Argument

The attorneys' presentation of their points on appeal to the panel of appellate judges

14

Precedent

Prior judicial decisions; the law as it exists

15

Plaintiffs

Party filing suit

16

Diversity of Citizenship

A requirement for federal court jurisdiction that plaintiff and defendant must be citizens of different states

17

Justice of The Peace Courts/County Courts

Lower court generally handling traffic citations and other lesser civil matters

18

Trial De Novo

Latin for "trial again" or "trial anew"

19

Petitioner

Party filing a petitions; or in a case of an appeal, the party filing the appeal of a lower court decision

20

Appellant

The name on appeal for the party who appeals a lower court's decision

21

Exclusive Jurisdiction

Authority granted to only one court for particular types of cases

22

In Personam Jurisdiction

Jurisdiction over the person; type of jurisdiction court must have to require a party to appear before it

23

Lawyer

Licensed professional who serves as a representative for another in private negotiations and in judicial and other types of legal proceedings

24

Respondent

On appeal of a case, the party who is not appealing; in a petition for a divorce, the party against whom the petition is filed

25

Contentious Jurisdiction

Consensual jurisdiction of a court that is consented to when the parties have a dispute; for example, UN courts

26

Jurisdiction

The concept of authority of a court to settle disputes

27

Reversible Error

Mistake made in lower court proceedings that is ruled as improper by the appellate court and that requires a reversal of the case and possible retrial

28

Appellate Court

A court of appeals or a court of review; a court whose function is to review the decision and actions of the trial court; does no hear witnesses; only reviews the transcript and studies the arguments and briefs of the parties

29

Small Claims Court

Specialized court designed to allow the hearing of claims of limited monetary amounts without the complexities of litigation and without attorneys

30

U.S. Supreme Court

The highest appellate court in the federal system and also the highest appellate court for state appeals