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Flashcards in Court System Deck (33):
0

Purpose

To interpret laws
Settle disputes

1

Goal

Equal justice for all

2

Dual court system

Federal
State

3

Different types of courts

1) constitutional
2) special

4

Constitutional Courts

1) Supreme Court
2) Court of Appeals
3) District Courts
4) Court of International Trade

5

Special Courts

1) Court of Military Appeals
2) Court of Veterans Appeals
3) Claims Court
4) Tax Court
5) Territorial Courts
6) Courts of the D.C.

6

Jurisdiction

Authority of a court to hear and decide a case

7

Subject matter in jurisdiction

Admiralty or maritime law (federal)

8

Parties involved

1) If US gov. involved (Federal)
2) Involves Foreign Diplomats (Federal)
3) One state sues another state or foreign country (Federal)
4) Person from one state sues person from another state (Federal)
5) Individual sues another country (Federal)

9

Exclusive Jurisdiction

Only be heard in federal court

10

Concurrent Jurisdiction

Can be heard in both federal or state

11

Original Jurisdiction

Court where first heard

12

Appellate Jurisdiction

Court that hears case on appeal from the lower court

13

Federal Judges

1) No qualifications
2) Appointed by President
3) Senate must approve
4) Appointed for life

14

Common Law

Law derived from the application of previous case decisions to present cases

15

Criminal Law

Cases arising out of actions that violate laws protecting the health, safety, and morals of the community

16

Plaintiff

Bringing charges

17

Civil Law

Involves disputes between citizens or between the gov. and citizens where no crime is alleged

18

Contract cases

disputes that arise over voluntary actions

19

Tort Cases

disputes that arise out of obligation inherent in social life

20

Inferior Courts

1) District
2) Court of Appeals
3) Court of Appeals for the Federal Circuit
4) Court of International Trade

21

District Courts

1) Established by judiciary act of 1789
2) Federal trial Courts
3) Jury
4) One judge
5) Hear criminal and civil cases
6) Multiple

22

Court of Appeals

1) Established 1891
2) Hear cases on appeal from lower courts for Supreme Court
3) No jury
4) Panel of judges
5) 12 in the US

23

Court of Appeals for the Federal Circuit

1) Established 1982
2) Nationwide jurisdiction

24

Court of International Trade

Hear cases involving tariff and other trade related laws

25

Structure of Supreme Court

1) Chief Justice
2) 8 Associate Justices

26

Function of Supreme Court

1) Judicial Review
a)The right of the court to determine the constitutionality of law
2) How cases reach Supreme Court
a) Writ of Certiori
b) Certificate
° Lower court asks Supreme Court to answer a specific legal question

27

Workings of the Court

1) 1st Monday, Oct.-July
2) Solicitor General
3) Brief
4) Oral arrangement
5) Conference
6) Opinion

28

Solicitor General

Lawyer that represents U.S. Government for Supreme Court

29

Opinion

1) Majority
2) Concurring
3) Dissenting

30

Special Courts

1) U.S. Federal Claims Court
2) Territorial Courts
3) Courts for the D.C.

31

U.S. Federal Claims Court

Hear cases involving claims for damages against U.S. Go.

32

Territorial Courts

Local courts in the territories