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Judicial Branch 1
Term | Definition |
---|---|
Constitutional Courts | Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals. |
Special Courts (Federal) | Courts that have narrowly defined roles such as: Federal Claims, Tax , the U.S. Bankruptcy Courts, Court of Appeals for Veterans Affairs |
concurrent jurisdiction | authority for both state and federal courts to hear and decide cases |
original jurisdiction | The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. |
appellate jurisdiction | The authority of a court to review decisions made by lower courts |
Oral Arguments | The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor. |
written briefs or briefs | an appellate brief is a written document, prepared by an attorney, to be the basis for an appeal of a case to an appellate court. It contains the points of law the attorney wants to establish, with the arguments and authorities to support that view. |
amicus curiae | A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side. |
District Courts (Federal) | -trial courts of the federal judicial system |
Federal criminal cases | include bank robbery, kidnapping, counterfeiting, mail fraud, tax evasion and terrorism. |
federal civil cases | include disputes involving bankruptcy, postal, tax, and civil rights laws. |
Plaintiff | a person who brings a case against another in a court of law. |
Defendant | an individual, company, or institution sued or accused in a court of law. |
judicial restraint | Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. |
judicial activism | An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) |
magistrate | a civil officer charged with the administration of the law |
US Attorney General | the chief law enforcement officer in the US and the head of the Department of Justice |
US Marshals | this court official makes arrests, collect fines, and take convicted persons to prison |
Judiciary Act of 1789 | In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. |
Marbury v. Madison (1803) | This case establishes the Supreme Court's power of Judicial Review |