Flashcards
Chpt 7
Cards in this deck (38)
- 1jurisprudencea philosophy of law—to settle disputes. In such a system, a body of
written law regulates interactions. These laws or codes provide
people with guidelines that regulate behavior. - 2dual court systemthe court systems of the various states
are sovereign governmental jurisdictions, each equal in importance
and with separate political jurisdictions. The term dual
means that there are two systems of courts. The federal courts
are distinct from the state courts but do have limited jurisdiction
over the state courts. - 3Article 3, Section 2The part of
the U.S. Constitution that defines
the jurisdiction of the federal courts. - 4Eleventh AmendmentA provision
that prohibits a citizen from one
state from suing the government
of another state in federal court. - 5Tenth AmendmentA provision that
states that powers not specifically
delegated to the federal government
are reserved for the states. - 6civil lawAlso called private
law, the body of law concerned
with the definition, regulation,
and enforcement of rights in
noncriminal cases in which both
the person who has the right and
the person who has the obligation
are private individuals. - 7tortA private wrong that causes
physical harm to another. - 8preponderance of the evidenceA majority vote of the jury—the
standard required for a judgment
in a civil case. - 9beyond a reasonable doubtA unanimous verdict—the standard
required for a verdict in a
criminal case. - 10plaintiffThe party who files a
civil lawsuit against the party who
is alleged to have done harm. - 11defendantThe party whom a
lawsuit is brought against. - 12judgmentA ruling by the court
regarding the liability for injury or
the claim alleged by the plaintiff. - 13Federal Judiciary ActThe
congressional act of 1789 that
created the lower federal courts. - 14circuitsGeographic divisions of
the federal court system. - 15Marbury v. MadisonThe 1803
case that established the court’s
power of judicial review. - 16judicial reviewThe power of
the courts to declare congressional
and presidential acts
unconstitutional. - 17U.S. magistrate courtsFederal
lower courts whose powers are
limited to trying lesser misdemeanors,
setting bail, and assisting
district courts with various
legal matters. - 18U.S. district courtsThe federal
system’s trial courts of original
jurisdiction. - 19When must SJC review a case1. A federal court has held an act of Congress to be
unconstitutional.
2. A U.S. court of appeals has found a state statute to be
unconstitutional.
3. A state’s highest court of appeals has ruled a federal law to
be unconstitutional.
4. An individual’s challenge to a state statute on federal constitutional
grounds is upheld by a state’s highest court of appeals. - 20U.S. courts of appealThe third
tier of the federal court system
where decisions of lower courts
can be appealed for review of
significant judicial error that may
have affected the verdict. - 21original jurisdictionThe first court
to hear and render a verdict regarding
charges against a defendant. - 22U.S. Supreme CourtThe highest
court in the U.S. judiciary system
whose rulings on the constitutionality
of laws, due process rights,
and rules of evidence are binding
on all federal and state courts. - 23certiorari powerThe authority
of the Supreme Court, based on
agreement by four of its members
that a case might raise significant
constitutional or federal issues, to
select a case for review. - 24writ of certiorariAn order to a
lower court to forward the record
of a case to the U.S. Supreme
Court for review. - 25briefA written statement submitted
by an appellant’s attorneys
that states the substantial constitutional
or federal issue they
believe the court should address. - 26per curiam opinionA case that is
disposed of by the U.S. Supreme
Court without a full written opinion. - 27affirm the caseA finding by the
Supreme Court that there was no
substantial judicial or constitutional
error and that the original
opinion of the lower court stands. - 28affirm the caseA finding by the
Supreme Court that there was no
substantial judicial or constitutional
error and that the original
opinion of the lower court stands. - 29reversing the caseA finding by the
Supreme Court that a judicial error
or an unconstitutional issue was
central to the lower court’s decision
and voided the lower court’s ruling. - 30remandedAfter the U.S.
Supreme Court’s reversal of a
decision of a lower court, the
return of the case to the court of
original jurisdiction with instructions
to correct the judicial error. - 31stare decisisThe legal principle
of determining points in litigation
according to precedent. - 32landmark caseA U.S. Supreme
Court case that marks a significant
change in the interpretation
of the Constitution. - 33courts of limited jurisdictionState courts of original
jurisdiction that handle traffic
violations and criminal violations,
small claims, misdemeanors, and
violations of local ordinances and
laws within the geographic jurisdiction
of the town or village. - 34courts of recordCourts in which
trial proceedings are transcribed. - 35trial de novoA new trial granted
by an appellate court. - 36general trial courtsState courts
of original jurisdiction that hear all
kinds of criminal cases. - 37appellate courtsState courts
that have the authority to review
the proceedings and verdicts of
general trial courts for judicial
errors and other significant issues. - 38court of last resortA state court
of final appeals that reviews lower
court decisions and whose decisions
can be appealed to the U.S.
Supreme Court.
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- CJ101 Flashcards on Chpt 7, created by suebee on 26/10/2013.
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