The Federal Courts and the Judicial Branch

Flashcards covering key vocabulary terms from Chapter 8.

Jurisdiction

The authority to hear and decide a case based on area.

Exclusive Jurisdiction

The sole right to hear a case.

Concurrent Jurisdiction

Cases that fall under both state and federal jurisdiction.

Plaintiff

The person making the legal complaint.

Defendant

The person against whom the complaint is filed.

Original Jurisdiction

The court that first hears a case.

Appellate Jurisdiction

The court that hears a case on appeal.

Judicial Restraint

A judge should interpret the Constitution according to the Framers' original intention.

Judicial Activism

Judges adapt the meaning of the Constitution to meet the demands of contemporary realities.

Precedent

Previous court rulings on a given legal question.

Senatorial Courtesy

A senator from the same state as the nominee and the same political party as the president can block a nomination for virtually any reason.

Grand Juries

Panels of citizens who hear evidence of a possible crime and recommend whether the evidence is sufficient to file criminal charges.

Bankruptcy

A legal process by which persons who cannot pay money they owe others can receive court protection and assistance in settling their financial problems.

Magistrate Judges

Officials responsible for overseeing some of the early hearings of a criminal trial when routine matters are carried out.

Misdemeanor

Minor criminal cases punishable by one year or less of prison time.

Public Defenders

Lawyers provided to defendants who cannot afford to hire one.

Marshals

Provide security and police protection at federal courthouses.

Appellant

A person who files an appeal.

Briefs

Written arguments from both sides in a case.

Sovereign Immunity

A sovereign nation is immune from being sued unless it agrees to be sued.

Courts-Martial

Hearings to decide violations of the code.

Writ of Certiorari

An order seeking review of the lower court case.

Docket

List of cases to be heard.

Majority Opinion

Signed by at least five of the nine members of the Court and represents the Court's actual ruling in the case.

Concurring Opinions

Agree with the overall conclusion in the case but stress some different or additional legal reasoning.

Dissenting Opinions

Held by the minority of the justices who do not agree with the ruling in the case.