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Ch 18

Judical branch foundations and procedures

Inferior courts the lower federal courts. 2 types of federal courts: constitutional courts and special courts
Jurisdiction ("hear" a case) the authority of a court to hear (to try and to decide) a case.
Exclusive jurisdiction Some cases can only be heard in federal courts.
Concurrent jurisdiction Many cases may be tried in a federal court or a State court.
Plaintiff the person who files suit
Defendant the person whom the complaint is against
Original jurisdiction a court in which a case is first heard
Appelate Jurisdiction hears cases on appeal from lower federal courts.
District Courts have original jurisdiction over most cases heard in the federal courts. hears a wide range of civil and criminal cases
Court of Appeals handles much of the burden that the Supreme Court faced in ruling appealed cases
Docket list of cases to be heard
Constitutional courts Courts created by the constitution including the Supreme Court, Court of Appeals, District Court, and the Court of International trade
Court of International Trade hears civil cases arising out of tariff and other trade related laws
Court of Appeals for the Federal Circuit hears cases from different courts
Explain the Dual Court system The Supreme Court of the U.S. has 2 inferior courts, the constitutional courts and the special courts
What are the 2 federal courts congress created? The Constitutional Courts and The Special Courts
What is the terms, pay, and benefits of the federal judges, both for "constitutional courts" and "special courts?" Judges appointed in constitutional courts, including the Supreme Court, for life. may only be removed by their own will or through impeachment. Those who sit in the special courts are appointed
Supreme Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers.
Judicial Review the power of a court to determine the constitutionality of a government action.
Writ of certiorari an order to a lower court to send a record in a given case for its review
Certificate when a lower court asks for the Court to certify the answer to a specific question in the matter
Oral arguments it sets a date on which lawyers on both sides will present oral arguments
Briefs written documents filed with the Court before oral arguments begin
Court in Conference Chief Justice presides over a closed-door conference in which justices present their views on the case at hand
Opinions something you agree or disagree with
Majority opinion announces the Court’s decision in a case and sets out the reasoning on which it is based
Precedents examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court
Concurring opinion to add or emphasize a point that was not made in the majority opinion
Dissenting opinion often written by those justices who do not agree with the Court’s majority decision
Special Court sometimes called legislative courts, created for a particular purpose, include the armed forces, veterans claims, federal claims, tax court, and D.C
Court of Federal Claims (and "redress") handles all pleas against acts of the United States government. Those who have claims against the U.S. can possibly secure redres- satisfaction of a claim, usually through payment
Territorial Courts Under its power to govern the territories of the U.S., Congress, it created courts for the nation’s territories. These courts are in places such as Guam and the Virgin Islands, and function much like the local courts in the 50 States
District of Columbia Courts handles all local judicial matters for the district, including trials and appeals
Court of Appeals for the Armed Forces a civilian tribunal, a court operating as part of the judicial branch, entirely separate from the military establishment
Courts martial
Military commissions for armed combatants
Court of Appeals for Veterans Claims hears cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans’ benefits
U.S. Tax Court hears civil but not criminal cases involving disputes over the application of the tax laws. Its decisions may be appealed to the federal courts of appeals.
How many Supreme Court justices are there? 9
The Constitution spells out two classes of cases that are heard under original jurisdiction by the Supreme Court. What are they? those where one of the parties is a State, cases about ambassadors- other public ministers
Why does it matter who is president of the U.S. when a justice is appointed to the Supreme Court? the President nominates Supreme Court justices
Do the special courts have a wide or narrow jurisdiction? What does your answer mean? narrow, because they are created for a special purpose
Created by: dwigmans13