What are the three major powers of the judiciary?
1. The power of judicial review 2. the power to interpret and apply statues 3. the power to create law through precedent
precedent
(civil law) a law established by following earlier judicial decisions
Trial Court
the first court before which the facts of a case are decided
Appellate Court
A court having jurisdiction to review cases and issues that were originally tried in lower courts
Jury
a group of citizens chosen to hear evidence and make a decision in a court of law
Indictment
a written accusation charging a party with committing a crime which is drawn up by the prosecuting attorney and issued by a grand jury
Jurisdiction
a court's authority to hear and decide cases
General Jurisdiction
court that can hear almost any kind of case
Limited Jurisdiction
the power to hear only certain kinds of cases (such as tax cases).
Subject Matter Jurisdiction
Using the term as it relates to being able to use the federal court system (option), in addition to a state court (default)
Federal Courts are available ONLY if..
1. Diversity of Citizenship (Compete diversity among the parties, and amount in controversy more than $75K) Or 2. Federal Question
What law applies in federal court?
1. Federal question --> Federal Law
2. Diversity of citizenship action --> need to have same law apply
Writ of certiorari
The legal document used within the discretion of a reviewing court to decide whether to hear a case, thereby agreeing to review a lower court's decision