Chapter 1 – Foundations Q: What is the dual court system in the United States? A: A system where both federal and state courts exist, each with its o

Dual court system

What is it called when both federal and state courts exist, each with its own jurisdiction?

Stare decisis

The doctrine that courts should follow precedent when making decisions.

Rebuttable presumptions

Presumptions that can be disproved with evidence.

Conclusive presumptions

Presumptions that cannot be disproved.

6th Amendment rights

Right to a speedy and public trial, impartial jury, confrontation of witnesses, and right to counsel.

Civil law remedies

Remedies like damages or injunctions offered in civil law.

Criminal law punishments

What is imposed to include fines, imprisonment, or death?

Original jurisdiction

The authority of a court to hear a case first.

Diversity jurisdiction

Jurisdiction over cases where parties are from different states and the amount in controversy exceeds $75,000.

Size of the U.S. Supreme Court

The size of what is controlled by Congress?

Court stripping

When Congress limits the jurisdiction of federal courts to hear certain kinds of cases.

Amicus curiae brief

A 'friend of the court' brief submitted by a non-party with an interest in the case.

Judicial review

Established by the case of Marbury v. Madison (1803).

Federal judges removal

Can occur through impeachment and removal by Congress.

Rule of four

At least four justices must vote to grant certiorari for a case to be heard.

Article I courts

Courts created by Congress that do not have judges with life tenure.

Article III courts

Courts (e.g., federal district and appellate courts) with judges that have life tenure.

En banc proceeding

When all judges of a circuit court hear a case together.

Courts of limited jurisdiction

Typically hear minor civil disputes, traffic offenses, and misdemeanors.

Court not of record

Proceedings not formally recorded for appeals.

Trial de novo

A completely new trial in a higher court as if the first trial had not occurred.

Bail reform concerns

Ensuring fairness and reducing pretrial detention of those unable to pay bail.

Therapeutic jurisprudence

An approach that sees law as a social force to improve participants' lives.

Problem-solving courts features

Focus on outcomes, judicial monitoring, collaboration, non-traditional roles, and systemic change.