Judicial Branch Practice Flashcards

Vocabulary and terminology regarding the U.S. Judicial Branch, including types of jurisdiction, court structures, and the Supreme Court decision-making process.

Jurisdiction

The authority to hear and decide a case.

Exclusive Jurisdiction

The sole right to hear a case.

Concurrent Jurisdiction

Refers to cases that fall under both state and federal jurisdictions; applies when cases involve residents of different states and the amount exceeds $75,000.00$.

Plaintiff

The person making the legal complaint.

Defendant

The person against whom a legal complaint is filed.

Original Jurisdiction

A court's authority to hear and decide a case for the first time.

Appellate Jurisdiction

A higher court's legal authority to review, modify, or overturn the decisions made by lower courts.

Judiciary Act of 1789

Act that fleshed out the details of the Supreme Court and proposed a three-tiered structure for the federal courts: district, circuit, and supreme.

District Courts

Trial courts of the federal system that are spread throughout the country and have original jurisdiction over nearly all criminal and civil cases heard in the federal system.

Court of Appeals

Circuit courts turned strictly into appellate courts that hear appeals from district courts and federal agencies with rule-making and enforcement powers.

Supreme Court

The ultimate appellate court that holds original jurisdiction over cases involving ambassadors, public ministers, and states, and usually hears cases regarding the Constitution or federal law.

Judicial Restraint

The concept that a judge should interpret the Constitution according to the framers' original intention.

Judicial Activism

The concept that judges can adapt the meaning of the Constitution to meet the demands of contemporary realities.

Judicial Review

The primary judicial check on the legislative and executive branches, established in 1803 by Marbury vs Madison.

Federal District Courts

The lowest tier of the federal court system representing the workhouses where 94 trial courts have original jurisdiction.

Appellant

A person who files an appeal.

Briefs

Written arguments filed by parties in a case.

Docket

The court's list of cases to be heard.

Majority Opinion

An opinion signed by at least five of nine members of the court that represents the court's actual ruling and sets out the legal reasoning.

Concurring Opinions

Opinions that agree with the overall conclusion in a case but stress different or additional legal reasoning.

Dissenting Opinions

Opinions held by the minority of justices who do not agree with the ruling; they have no direct legal impact but can influence future judgements.

Petition for a Writ of Certiorari

A request by one party to a dispute for a review of a ruling made by either a federal appeals court or a state supreme court.

Amicus Curiae

Additional briefs filed by outside parties, also known as 'friend of the court' briefs.

Dual Court System

The U.S. structure consisting of two systems: state courts running within each state and federal courts running in districts around the country.