concurrent jurisdiction
Authority for both state and federal courts to hear and decide cases
appellate jurisdiction
Authority of court to review a decision of a lower court or administrative agency.
grand jury
A group that hears evidence in a criminal case and decides whether there is enough evidence to bring the accused person to trial.
plaintiff
A person or party filing a lawsuit
civil case
A case involving a noncriminal matter such as a contract dispute or a claim of patent infringement.
appellant
Name on appeal for the party who appeals a lower court's decision, typically had lost the case beforehand
statuatory law
Legislative acts declaring, commanding, or prohibiting something.
indictment
A formal charge by a grand jury
original jusrisdiction
right to hear a case for the first time
petit jury
A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action
judicial review
Review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
defendant
In a criminal action, the person or party accused of an offense.
criminal Case
A case in which a defendant is tried for committing a crime as defined by the law
jurisdiction
(law) the right and power to interpret and apply the law
common law
A system of law based on precedent and customs
Know the various paths a case can take, within the state court system or the federal court system.
court, appeals court, supreme court
What principle resulted from the ruling in Marbury v. Madison?
judicial review, which means the courts can interpret how the laws are used in court
What are the duties of a grand jury in a criminal case?
The Grand jury helps ensure a fair train, protects minority opinions, and allows the public to participate in justice.
What kinds of cases are heard by the Court of International Trade?
cases related to customs, tariffs, import transactions and international trade laws. Broadly, the court considers "any civil action against the United States, its officers, or its agencies arising out of any law pertaining to international trade.
Describe the three decision-making tasks of a Supreme Court Justice.
They have to decide whether to take a case, then how to decide it, and also which of them will write the opinion(s).
If a party argues a case in the California Supreme Court, know under what circumstances they can appeal to the U.S. Supreme Court
o hearing and ruling on cases
o presiding over public sessions of the Court
o exercising leadership in the judicial work of the court
o administering the federal court system
What are the duties of the chief justice of the United States?
sets the agenda for the court "discuss list" Decides who writes the majority opinion if he or she is in the majority. Administers the presidential oath of office.
Presides over any presidential impeachment proceedings.
What is the difference between courts with original jurisdiction and courts with appellate jurisdiction?
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.
The Supreme Court most often hears cases concerning what issue?
They hear all cases that have been appealed up from state and federal court
Know when the Supreme Court has original, appellate or final authority jurisdiction
1. Original
- Case involves reps of foreign governments
- If a state is a party meaning they are either the defendant or the person suing
2. Appellate
- Appealed from lower court of appeals
- It could come from the district court being the lowest court an
Know how Supreme Court justices are removed from their positions
o Through impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
Know the type of case the Supreme Court handles most frequently (disputes between two states?
dispute between the state and the federal government? an appeal from a state or lower federal
courts? representatives of foreign governments?)
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amicus curiae
Friend of the court; a written brief from an individual or group claiming to have information useful to a court's consideration of a case
precedent
A model on which to base later decisions or actions
stare decisis
Let the decision stand; the principle that once the court rules on a case, its decision serves as a precedent on which to base other decisions
dissenting opinion
disagreeing
supreme court in the future will look at the rational of the dissenting opinion
majority opinion
The Court's decision expressing the views of the majority of justices
per curiam opinion
A brief unsigned statement of a Supreme Court decision
writ of certiorari
An order from the Supreme Court to a lower court to send up the records on a case for review
concurring opinion
Agree with the decision but not the reasons why
agree w end result but not the rational that was in the majority opinion
What happens when the Supreme Court refuses to hear a case?
When the Supreme Court refuses to hear a case the decision of the lower court stands.
What procedure do the justices follow in reaching a decision? (stages)
o First, the court accepts the case
o Second, the lawyers defending each side submit a brief which then allows them to present oral arguments
o Third, the justices discuss the case in a conference
o Fourth, they vote on the decision and an opinion is writ
What is the importance of a Supreme Court majority opinion?
o The importance of the majority opinion is to express the views of the majority of the justices on the case. In other words one or more justices who agree with the majority's conclusion about a case, but for difference reasons.
What is the importance of a dissenting opinion?
o The importance of dissenting opinion is to express the opinion of justices on the losing side in a case and they may even become the majority opinion on a similar issue in later years
Know the limits to the types of cases the Supreme Court will hear
o Only consider cases where its decision will make a difference
o The plaintiff or the person bringing the case must have suffered real harm
o Accepts only cases that involve substantial federal questions
o Refuse to deal with political questions or issue
Know how the judicial branch checks the legislative branch
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Know how the legislative branch checks the judicial branch
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Know how the executive branch checks the judicial branch
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Plessy v. Ferguson
Know the facts of the case. What precedent was established by this case?
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Brown v. Board of Education
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City of Los Angeles v. Patel
Define:
Ordinance
Litigant
...
Brief
A written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case
Procedure of a case
The procedural history of the case is a very quick statement about the path the case has followed in the courts
parties of a case
Who is the Plaintiff and who is the defendant?
issues of a case
What are the legal issues that the court must decide to arrive at a decision?
holding of a case
What does the court hold or decide? What is the "rule" that it comes up with in answer to the legal issues posed?
ordinance
law
litigant
a person engaged in a lawsuit