Federal Courts Flashcards

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1
Q

Jurisdcition

A

The right, power, or authority to administer justice by hearing and determining controversies.

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2
Q

Original Jursidiction

A

the authority of a court to hold a trial, as distinguished from appellate jurisdiction to hear appeals from trial judgments.

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3
Q

Appellate Jursidction

A

The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. It differs from original jurisdiction, which is the power to entertain suits instituted in the first in stance.

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4
Q

Judicial Review

A

the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official.

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5
Q

Constitutional Court

A

A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional, i.e. whether or not they conflict with constitutionally established rights and freedoms.

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6
Q

Legislative Court

A
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7
Q

Constitutional Powers of the Supreme Court

A
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8
Q

US District Courts

A

The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.

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9
Q

US Court of Appeals

A

court of appeals definition. Courts, also called appellate courts, that are designed as part of the system of due process. Cases may be presented to these courts if a party is dissatisfied with the original court’s decision.

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10
Q

US Supreme Court

A

The highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation.

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11
Q

US Court of Military Appeals

A

The United States Court of Appeals for the Armed Forces (CAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice.

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12
Q

US Court of Claims

A

The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. Founded in 1855 as the United States Court of Claims, it is one of the oldest federal courts in the country.

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13
Q

US Tax Court

A

The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides that the Congress has the power to constitute Tribunals inferior to the supreme Court

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14
Q

US Court of International Trade

A

A U.S. federal court that provides judicial review of civil actions arising out of import transactions and federal laws concerning international trade matters. Formerly called the U.S. Customs Court.

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15
Q

Judicial Restraint

A

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

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16
Q

Conference (Judicial)

A

The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States.

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17
Q

Rule of Four

A

The rule of four is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court’s docket.

18
Q

Writ of Certiorari

A

It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. Writ of Certiorari. A decision by the Supreme Court to hear an appeal from a lower court.

19
Q

Brief (Judicial)

A

A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales, the phrase refers to the papers given to a barrister when they are instructed.

20
Q

Amicus Curiae Brief

A

A person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court’s decision.

21
Q

Stare Decisios

A

The legal principle of determining points in litigation according to precedent.

22
Q

Selective Incorporation

A

Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights

23
Q

Standing (Judicial)

A

The ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.

24
Q

In Forma Pauperis

A

Allowing a poor person to bring suit without liability for the costs of the suit.

25
Q

Supreme Court Demographics

A

The demographics of the Supreme Court of the United States encompass the gender, ethnicity, and religious, geographic, and economic backgrounds of the 112 justices appointed to the Supreme Court. Certain of these characteristics have been raised as an issue since the Court was established in 1789

26
Q

S.Court Nomination

A

The Constitution requires the president to submit nominations to the Senate for its advice and consent. Since the Supreme Court was established in 1789, presidents have submitted 160 nominations for the Court, including those for chief justice. Of this total, 124 were confirmed (7 declined to serve).

27
Q

S.Court Litmus Test

A

A test that is used to make a judgment about whether someone or something is acceptable

28
Q

Grassroots Lobbying

A

Grassroots lobbying is an approach that separates itself from direct lobbying through the act of asking the general public to contact legislators and government officials concerning the issue at hand, as opposed to conveying the message to the legislators directly.

29
Q

Rating Candidates

A
30
Q

Senatorial Courtesy

A

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state

31
Q

Judicial Activist

A

when judges deny legislators or the executive the power to do something unconstitutional. But that is what courts are supposed to do, so in that sense the phrase just means that the judges in question showed up for work

32
Q

Class Action Suit

A

Charges advanced in a court by one or more plaintiffs on behalf of a large group of others who have a common interest.

33
Q

Solicitor General

A

The law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.

34
Q

Statutory Construction

A

The process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning.

35
Q

Standing to Sue

A

The requirement that a plaintiff have standing to sue is a limit on the role of the judiciary and the law of Article III standing is built on the idea of separation of powers. Federal courts may exercise power only in the last resort, and as a necessity

36
Q

Original Intent

A

a theory in law concerning constitutional and statutory interpretation.

37
Q

John Marshall

A

John Marshall was the fourth Chief Justice of the Supreme Court of the United States (1801–1835). His court opinions helped lay the basis for United States constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches.

38
Q

Warren Court

A

The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice.

39
Q

Burger Court

A

The US supreme court under Chief Justice Warren Burger (1969- 1986). Though not as activist as the Warren court, the burger court maintained most of the rights expanded by its predecessor and issued important rulings on abortion and sexual discrimination

40
Q

Rehnquist Court

A

The US Supreme Court under Chief Justice William Rehnquist (1986-2005); a conservative court, but one that did not overturn most previous rulings