judicial branch flash cards

District Courts

Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion)

Original Jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time as opposed to appellate jurisdiction when a court has the power to review a lower court's decision.

Trial by Jury

The right of a person to be tried by a jury, or a group of citizens, to decide if the person is guilty or innocent of committing a crime.

Treason

an act of deliberate betrayal

Exclusionary Rule

a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Felony

a serious crime (such as murder or arson)

Writ of Habeas Corpus

a writ ordering a prisoner to be brought before a judge

Briefs

a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail

Due Process of Law

(law) the administration of justice according to established rules and principles

Jurisdiction

(law) the right and power to interpret and apply the law

Plaintiff

one who brings court action against another

Police Power

the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants.

Majority Opinion

the opinion joined by a majority of the court (generally known simply as 'the opinion')

Exclusive Jurisdiction

the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility

Double Jeopardy

the prosecution of a defendant for a criminal offense for which he has already been tried

Miranda Rule

the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may be used as evidence and to read you your constitutional rights (the right to a lawyer and the right to remain silent until advised by a lawyer)

Appellate Jurisdiction

Appellate jurisdiction is the power of a court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.

Marbury vs. Madison

Case in which the supreme court first asserted th power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional

Constitutional Court

a court established by a constitution; especially : the federal courts established by Article III of the U.S. Constitution

Misdemeanor

a crime less serious than a felony

Grand Jury

a jury to inquire in accusations of crime and to evaluate the grounds for indictments

Solicitor General

a law officer appointed to assist an attorney general

Defendant

a person or institution against whom an action is brought in a court of law

Court of International Trade

an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade.

Self Incrimination

an accusation that incriminates yourself.

Court of Appeal

an appellate court which reviews the decisions of federal district courts and hears appeals to orders issued by regulatory agencies such as the federal communications commission.

Concurring Opinion

an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning

Dissenting Opinion

an opinion that disagrees with the court's disposition of the case

Concurrent Jurisdiction

authority for both state and federal courts to hear and decide cases

Amicus Curiae Briefs

friend of the court breifs, submitted by outside groups