Civics Unit 5 Guided Reading Flashcards

Inferior Court

Courts below the Supreme Court

Two Types of Federal Courts

Constitutional courts and special courts

Jurisdiction

The authority to hear certain cases

Concurrent Jurisdiction

Cases that can be heard in either federal or state courts

Plaintiff

The person who files a lawsuit

Defendant

The person against whom the complaint is made

Appellate Jurisdiction/Courts

Courts that hear appeals from lower courts

Sandra Day O’Connor

First female Supreme Court Justice, appointed in 1981

Judicial Restraint

Belief that judges should decide cases based on the original intent of the law

Judicial Activism

Belief that judges should interpret the Constitution to reflect current conditions and values

Judicial Review

The power of the courts to declare laws unconstitutional

Marbury v. Madison

The 1803 case that established the principle of judicial review

Writ of Certiorari

An order by a higher court directing a lower court to send the record in a given case for review

Certificate

A lower court requests the Supreme Court to clarify a procedure or rule of law

Briefs

Written documents filed by lawyers explaining the legal arguments and precedents of a case

Majority Opinion

Official ruling of the Supreme Court in a case; reflects the views of the majority of justices

Concurring Opinion

Written by a justice who agrees with the majority but for different reasons

Dissenting Opinions

Written by justices who do not agree with the majority decision

Criminal Case

A case in which a defendant is tried for committing a federal crime

Civil Case

A case involving non-criminal matters like contracts or lawsuits

Docket

The Supreme Court's list of cases to be heard

Courts-Martial

Military courts that try members of the armed services for violations of military law

Why did the framers of the Constitution believe it was so important to have an independent judiciary?

To ensure judges could make decisions free from political pressure or influence (325)

The American Dual Court System has two types of courts, what are they?

Federal courts and state courts (325)

Most of the cases that can be heard in Federal Courts fall within what type of jurisdiction?

Exclusive jurisdiction (327)

A court in which a case is first heard is called?

A court with original jurisdiction (327)

A court that hears a case on appeal from a lower court exercises _ ___

Appellate jurisdiction (327)

List 6 types of Federal Specialty Courts:

Territorial Courts, D.C. Courts, U.S. Tax Court, U.S. Court of Federal Claims, U.S. Court of Appeals for Veterans Claims, U.S. Court of Appeals for the Armed Forces (330)

The Doctrine of Precedent is often identified as __

Stare decisis—Latin for “let the decision stand” or honoring precedent (337)

What is the difference between a civil case and a criminal case?

A criminal case involves breaking a law and government prosecution; a civil case involves disputes between individuals or organizations (340)