Federal Courts

Appellate Court

A court that hears appeals from trial courts on points of law

Appellate jurisdiction

The authority of a court to hear, determine, and render judgement in an action on appeal from an inferior court

Article I

Section of the US constitution concerning the legislative branch of the national government

Article III

Section of the US constitution concerning the judicial branch of the national government

Bankruptcy judge

Judicial officer who presides over the legal procedure under federal law by which a person is relieved of all debts after placing property under the court’s authority. An organization may be reorganized or terminated by the court in order to pay off creditors

Bivens Actions

The class of civil lawsuits that may be filed against federal officials for an alleged deprivation of one’s constitutional rights

Concurrent Jurisdiction

When two courts (e.g., both state and federal courts or both state criminal courts and juvenile courts) share some judicial powers to adjudicate certain types of cases

Constitutional Courts

Federal courts created by Congress by virtue of its power under Article III of the Constitution to create courts inferior to the Supreme Court

Diversity of citizenship

When parties on the opposite sides of a federal lawsuit come from different states, the jurisdiction of the US district courts can be revoked if the case involves a controversy concerning $75,000 or more in value

Dual Court System

A court system consisting of a separate judicial structure for each state in addition to a national structure. Each case is tried in a court of the same jurisdiction as that of the law or laws involved

en banc

French term referring to the session of an appellate court in which all the judges of the court participate, as opposed to a session presided over by three judges

Enemy Combatants

People the United States regards as unlawful combatants, a category of persons who do not quality for prisoner-of-war status under the Geneva Conventions

Extradition

Legal process whereby officials of one state or country surrender an alleged criminal offender to officials of the state or country in which the crime is alleged to have been committed

Federal Question

Case that contains a major issue involving the US constitution or US laws or treaties

Geographical Jurisdiction

Geographical area over which courts can hear and decide disputes

Habeas corpus

Latin phrase meaning “you have the body”; a writ inquiring of an official who has custody of a person whether that person is being lawfully imprisoned or detained

habeas corpus petition

The petition of a person in custody files with the court, seeking the court to order his or her release by granting a writ of habeas corpus on the grounds that the continued detention of the person violates the constitution

Hierarchical Jurisdiction

Refers to differences in the functions of courts and involves original as opposed to appellate jurisdiction

Jurisdiction

The power of a court to hear and adjudicate a case

Legislative courts

Judicial bodies created by Congress under Article 1 (legislative article) and not Article 3 (judicial Article)

Mandamus petitions

a type of lawsuit in which a plaintiff seeks a court order commanding someone to perform an act or duty imposed by law as an obligation

Motions to vacate sentences

Fillings by prisoners who seek to have their sentences set aside or changed on the grounds that their sentence was imposed in violation of the constitution or law of the united states

Original Jurisdiction

Jurisdiction in the first instance; commonly used to refer to trial jurisdiction as opposed to appellate jurisdiction. Appellate courts, however, have limited original jurisdiction

Personal Jurisdiction

The power of a court over a particular person or legal entity (such as a partnership of corporation)

Prisoner Petitions

Civil lawsuits filed by a prisoner alleging violations of his or her rights during trial or while in prison

Rule of Four

The rule that four of the nine justices on the US Supreme Court msut vote in favor of granting a petition for a writ of certiorari in order for the court to actually issue the writ, thereby accepting discretionary jurisdiction over an appeal

Section 1983

The shorthand way of referring to 42 U.S.C 1983, a statute that allows a person to sue someone acting under color of state law for an alleged deprivation of constitutional rights

Subject Matter Jurisdiction

Types of cases that courts have been authorized to hear and decide

Stay

The temporary suspension of a case of specific proceedings within a case

Trial Court

Judicial body with primarily original jurisdiction in civil or criminal cases. Juries are used, and evidence is presented.

US Courts of Appeals

Intermediate appellate courts in the federal juridical system

US District Courts

Trial courts established in the respective judicial districts into which the United States is divided. These courts are established for the purpose of hearing and deciding cases in the limited districts to which their jurisdiction is confined.

U.S Magistrate Judges

Judicial officers appointed by the US district courts to preform the duties formerly preformed by U.S. commissioners and to assist the court by serving as special masters in civil actions, conducting pretrial or discovery proceedings, and conducting preliminary review of applications for post-trial relief made by individual convicted of criminal offenses

U.S. Supreme Court

The Nation’s highest court, composed of nine justices nominated by the president and confirmed by the senate

Venue

The geographic location of a trial, which is determined by constitutional or statutory provisions

Writ of Certiorari

Order issued by an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case