Judi week 5

COurtt

A unit of the judicial branch of givernemnt that has authority to decide legal disputes

Jurisdiction

The power of a court to hear a case

Trial courts have two functions

Determmine whose version of the facts are credible. Must apply the lkaw to those facts to reach a decision. Trial courts must reach both question of facts and question of law

Trial courts

Courts that determine the facts and apply the law to the facts

Original jurisdiction

the authority of a court to hear a case when iy us initiated, as opposed to appellate jurisdiction

Questions fact

Questions relating to what happened; who, what, when, where, how

Three basic type of legal questions

Those that relate to the legal cause of action or defense, legal issues that can arise that di not have anything to di with

Wuestions of law

Questions relating to the interpretation or application of the law

Entrapment

A defense requiring proof that the defendant would not habe committed the crime but for police trickery

Bench trial

A trial conducted without a jury

Harmless error

A trial court error that is not sufficient to warrant reversing the decision

Inferior courts

In the federal systems, all courts other than the US Supreme Court

Constitutional Courts

acourt established by article III of the constitution

Article II

Gives the president the power to appoint the judges who serve on these federal courts but before confirmation is final, the senate must confirm it

US District Courts

The Genral Jurisidction triak courts in the federal system

US Courts of Appeals

The intermediate appellate courts in the federal system

US Supreme Court

The highest federal appellate court, considering of nine appointed members

Subpoena

A court order requiring a person to appear to testify at trial or deposition

Writ of certiorari

A means of gaining appellate review; in the US supreme court the writ is disvretionary and will be issued to another court to review a federal question if dour of the nine justices vote to hear the case

Shadow docket

Emergency applications from trial coourtsd to the US Supreme Court that are decided without oral arguments and are unsigned and unexplained

General Jurisdiction

A court’s power to hear any type of case arising within its geographical area

Limited Hurisdiction

A court’s power to hear only specialized cases

Federal question

Alegal issue involving the application of a federal law

Federal question jurisdiction

the power of the federal courts to hear matters of federal law

Diversify of cictizenship

A situation where the opposing parties are from different states and the amount in controversy exceeds $75000

Exclusive jurisdiction

When only one court has the power toi hear a case

Concurrent juroidiction

When more than one court has juriidction to hear a case

Removal

The transfer of a case from one state to another or from a state court to a federal court

Stare Decisis

the doctrione that normally once a court has decided an issue, other hcourt in the same jurisdiction will decide the same way

Precedent

One or more prior court decision

Case of first impression

A type of case that the court has never faced before

Mandatory Authority

Analogous court decisions from a higher court in the same jurisdiction

Persuasive Authority

Analogous court decisions from an equal or a lower court from the same jurisdiction or from a court