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Chapter 2
The American Legal System
26
Law
12th Grade
09/06/2010

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Term
federalism
Definition
A system of government in which the people are regulated by both federal and state governments.
Term
preemption
Definition
A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas.
Term
ex post facto
Definition
"After the fact"; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred.
Term
jurisdiction
Definition
The power of authority to act in a certain situation; the power of a court to hear cases and render judgments.
Term
exclusive jurisdiction
Definition
The sole power or authority to act in a certain situation.
Term
concurrent jurisdiction
Definition
A term that describes situations where more than one entity has the power to regulate or act.
Term
Supremacy Clause
Definition
The clause in the U.S. Constitution making the Constitution and the laws of the United States the supreme law of the land.
Term
statutes (codes)
Definition
Laws made by the legislative branch.
Term
bicameral
Definition
A term that describes a legislature consisting of two houses.
Term
original jurisdiction
Definition
The power to first hear a case; court where trial takes place.
Term
trial
Definition
The open-court process where all parties present evidence, question witnesses, and generally put their case before the court.
Term
corroborate
Definition
To support the statements of another.
Term
trier of fact
Definition
In a trial, the one who determines the true facts; either a jury or, if a case is tried without a jury, the judge.
Term
federal jurisdiction
Definition
The power of the federal courts to hear a case.
Term
diversity of citizenship
Definition
A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.
Term
en banc
Definition
A term that describes the entire panel of judges on a court hearing a case.
Term
appellate jurisdiction
Definition
The power of a court to review what happened in a lower court.
Term
clerk's transcript
Definition
A record containing copies of documents filed in connection with a court proceeding prepared by a court clerk.
Term
reporter's transcript
Definition
A verbatim record of the oral proceedings in court; prepared by the court reporter.
Term
appellate brief
Definition
A written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case.
Term
jury instructions
Definition
The directions read to the jury by the judge; they simplify the law applicable to the case.
Term
affirm
Definition
To uphold; used in connection with an appeal to uphold the lower court's decision.
Term
reverse
Definition
To change; used in connection with an appeal to overturn the lower court's decision.
Term
remand
Definition
To send back; used in connection with an appeal to return the case to the lower court.
Term
petition for writ of certiorari
Definition
A document filed with the Supreme Court requesting a hearing.
Term
magistrate
Definition
A judicial officer; federal officers are appointed by judges or federal district courts; these officers have some of the powers of a judge.
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