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Chapter 3: The Court System
LEGL 2700 Reed
14
Law
Undergraduate 2
01/24/2010

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Cards

Term
Petit Jury
Definition
The fact-finding body during a trial.
Term
Trial Court
Definition
The level of any court system that initially resolves the dispute of litigants.
Term
Appellate Court
Definition
A court that decides whether a trial judge has made a mistake of law.
Term
Subject Matter Jurisdiction
Definition
The authority of a court to hear cases involving specific issues of law.
Term
Appeal
Definition
The right of the litigation parties to have the legal decisions of the trial judge reviewed by an appellate court.
Term
Court of Appeals
Definition
A court that reviews decisions by lower courts.
Term
Supreme Court
Definition
The highest appellate court.
Term
Writ of Certiorari
Definition
A discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal.
Term
Diversity of Citizenship
Definition
The plaintiffs filing a lawsuit must be from states different from those of the defendants.
Term
Federal Question Case
Definition
Litigation involving the application or interpretation of the federal Constitution, federal statutes, federal treaties, or federal administrative agencies.
Term
Federal Rules of Civil Procedure
Definition
A law passed by Congress that provides the procedural steps to be followed by the federal courts when handling civil litigation.
Term
Judicial Review
Definition
The power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional.
Term
Judicial Restraint
Definition
A judge who abides by this philosophy believes that the political process, and not the courts, should correct societies ills; decides an issue on a narrow basis, if possible; follows precedents whenever possible; and does not engage in "judge-made law" but interprets the letter of the law.
Term
Judicial Activism
Definition
A judge who abides by this philosophy believes the political process cannot adequately handle society's difficult issues; the courts can correct society's ills through the decision-making process; following precedent is not crucial; and "judge-made law" is often necessary to carry out the legislative intent of the law.
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