Chapters 11 And 12 Flashcards
(41 cards)
Litigant
A person engaged ina lawsuit
Petit jury
A trial jury, usually consisting of 6 or 12 people, that weighs the evidence presented at a trial and renders a verdict
Grand jury
A group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial
Indictment
A formal charge by a grand jury
Judicial circuit
A region containing a United States appellate court
Opinion
A written explanation of a supreme courts decision
Writ of certiorari
An order from the Supreme Court to a lower court to send up the records on a case for review
Brief
A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case
Amicus curiae
Latin for friend of the court
A written brief from and individual or group claiming to have info useful to a courts consideratiob of a case
Stare decjsis
A latin term meaning “let the decision stand”
I
Principle that once the court rules on a case, its decision serves as a precedent on which to base other decisions
Precedent
A model on which to base later decisions or actions
Bloc
Coalition that promotes a common interest
Swig vote
Deciding vote
Explain the difference between concurrent jurisdiction, original jurisdiction, appellate jurisdiction
Concurrent- both states and federal gives have authority to hear case
Original- district court they have authority to hear case first
Appellate- can only hear case on review
What type of cases do federal courts have jurisdiction over
If involves: Federal law
Constitution
Treaty
Bankruptcy
Write out: What is judicial review
Authority of the court to review actions of govt and determine if they are constitutional
Explain the due process clause
When a state can not deprive you of life, liberty, and property without following specific procedures
Explain the purpose of district courts. Where are they located? What type of cases do they hear? What percent of cases do they hear
Purpose: they are the trail courts for criminal and civil federal cases
94 across the states
Hear 80% of criminal and civil cases
What is the federal courts of appeal store? How many are there? How are they divided up around the nation?
Are responsible for hearing appeals from the district court
They are divided into 12 circuits and 1 national court
Matching: Court of international trade
Jurisdiction over cases dealing with tariffs
Based in NYC but hears cases in other port cities
US court of federal claims
Handles claims against the us for money damages
-person who believes govt hasn’t paid bill sue in this court
US tax court
Cases relating to fed taxes
Comes from citizens disagreeing w/IRS
US Court of Appeals for the Armed Forces
Armed forces highest appeals court
Cases of armed forces members convicted of breaking military law
Territorial courts
Exist in Guam, Puerto Rico, etc