Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Intro to Law > Chapter Four > Flashcards

Chapter Four Flashcards

(73 cards)

Start Studying
1
Q

Court

A

a unit of the judicial branch of gov that has authority to decide legal disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Jurisdiction

A

the power of a court to hear a case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Trial courts

A

courts that determine the facts and apply the law to the facts
actions begin in trial courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Original jurisdiction

A

the authority of a court to hear a case when it is initiated as opposed to appellate jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Bench trial

A

a trial conducted without a jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Appellate courts

A

courts that determine whether lower courts have made errors of law
Trial court losing party appeals decision to
Review limited to “legal” issues
Relies on trial court’s written record

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Appellant or petitioner

A

the party in a case who has initiated an appeal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Appellate or respondent

A

the party in a case against whom an appeal has been filed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Questions of fact

A

questions relating to what happened

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Questions of law

A

questions relating to the interpretation or application of the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Entrapment

A

a defense requiring proof that the defendant would not have committed the crime but for police trickery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Affirm

A

when the appellate court agrees with what the lower court has done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Harmless error

A

a trial court error that is not sufficient to warrant reversing the decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Reverse

A

when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Remand

A

when a appellate court sends a case back to the trial court for a new trial or other action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Majority

A

an opinion in which a majority of the court joins

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Concurring opinion

A

an opinion that agrees with the majority’s result but disagree with its reasoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Dissenting opinion

A

an opinion that disagrees with the majority’s decision and its reasoning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Inferior courts

A

in the federal system, all courts other than the Us supreme court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Constitutional courts

A

a court established by article III of the us constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

US district courts

A

the general jurisdiction trial courts in the federal system
Most cases begin in district court
Number of judges vary 1 to 27

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

US courts of appeals

A

the intermediate appellate courts in the federal system
Each circuit varies from 4 to 23
Judges hear appeal as a panel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

US supreme court

A

the highest federal appellate court, consisting of nine appointed members
writ of certiorari

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Subpoena

A

a court order requiring a person to appear to testify at a trial or deposition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
En banc
when an appellate court that normally sits in panels its as a whole
26
Writ of certiorari
a means of gaining appellate review; in the US Supreme court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case
27
Legislative courts
courts created under congress's article I powers
28
General jurisdiction
a court's power to hear any type of case arising within its geographical area
29
Limited jurisdiction
a court's power to hear only specialized cases
30
Federal question jurisdiction
the power of the federal courts to hear matters of federal law
31
Federal question
a legal issue involving the application of a federal law
32
Diversity of citizenship/ jurisdiction
a situation where the opposing parties are from different states and the amount in controversy exceeds 75,00$
33
Exclusive jurisdiction (state)
when only one court has the power to hear a case
34
Concurrent jurisdiction (state)
when more than one court has jurisdiction to hear a case
35
Removal
the transfer of a case from one state court to another or from a state court to a federal court
36
Stare decisis
the doctrine that normally a court has decided an issue, other courts in the same jurisdiction will decide the same way
37
Precedent
one or more prior court decisions | is mandatory authority when it comes from: higher court and the same jurisdiction
38
Case of first impression
a type of case that the court has never faced before
39
Mandatory authority
analogous court decisions from a higher court in the same jurisdiction
40
Persuasive authority
analogous court decisions from an equal or lower court from the same jurisdiction, or from a court in a different jurisdiction; also includes secondary authority
41
Analogous
similar facts and law
42
Distinguishable
different facts and law
43
Plain meaning approach
a method for interpreting enacted law in which the key terms are interpreted in light of their dictionary definitions and use in ordinary conversations
44
Contextual approach
a method for interpreting enacted law in which other parts of the same document or similar documents are examined to see how the same words or phrases were used in those related contexts
45
Legislative history approach
a method for interpreting statutes, regulations, and constitutional provisions in which judges attempt to determine what the drafters intended to accomplish by passing the law
46
Originalism approach
a method for interpreting constitutional provisions in which judges attempt to determine what the average person, living at the time the provision was adopted, thought the provision meant
47
Trial courts search for
the truth
48
Appellate courts search for
errors
49
Trial courts determine
questions of fact | questions of law
50
What appellate court may do
Harmless error Reverse Remand
51
Decision maker: trial court
judge & sometimes a jury
52
Decision maker: appellate court
majority vote of three or more judgement
53
Are there witness testimonies in appellate court?
no
54
Parties names': trial court
plaintiff/defendant | state/defendant
55
Appellate names':
appellant/appellate | respondent/petitioner
56
What makes up U.S. Federal court system
U.S. Supreme court U.S. courts of appeals U.S. district courts ALL OF APPEALS & JURISDICTION
57
What makes up U.S Courts of appeals
Circuits 1-11 D.C. Circuit Federal Circuit
58
State court systems
hear more than 98% of legal business | appeals proceed to intermediate court and then state's highest appellate court
59
Organization of a typical state court system (highest to lowest)
U.S. supreme court Highest level appellate courts Middle level appellate courts General Jurisdiction Trial Courts + Limited Jurisdiction Trial Courts
60
Federal law
restricted to issues arising from US constitution, statutes, and regulations
61
State law
anything state deem to be in best interests of their citizens
62
Do the state or federal courts have jurisdiction?
Federal court: only if case involves federal law or if state law and parties are from different states and amount exceed 75,000 State court: generally any type of case unless congress has provided for exclusive federal jurisdiction
63
Selection of judges in states
a few states are appointed by the state's chief executive or the state legislature selected by partisan or nonpartisan elections some have modified
64
Role of judging in interpreting and applying the law
Variety of structural and philosophical restraints that limit judicial discretion
65
Legislative dominance
another check on the power of courts to make law occurs when the law they are interpreting involves a statue or regulation sometimes if the legislature thinks the court has not correctly interpreted the law, it can simply amend the statute or change the result
66
What are the two basic functions of trial courts?
determine who's facts are more credible | apply laws to facts to reach a decision
67
true or false: in every state the highest appellate court is called the supreme court
false
68
What are the two major grounds for gaining federal court jurisdiction?
federal question | citizen diversity
69
What does it mean to say that judges sometimes make law?
bc everyone interprets law differently and they make law based off of judgements made passed down
70
What restraints limit judicial discretion in interpreting the law?
striking them unfair or unconstitutional
71
Why does mandatory and persuasive matter?
because lower courts must follow decisions of higher courts
72
Most cases that reach the United States Supreme Court do so by
requesting a writ of certiorari
73
Federal courts may hear cases
dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000

Intro to Law (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions