Chapter 18 test 2
Terms
undefined, object
copy deck
- jurisdiction
- what court has the right to hear a case.
- exclusive jurisdiction
-
cases that can only be heard in Federal Court.
ex. counterfitting - concurrent jurisdiction
- a case that can be tried in federal or state court.
- plaintiff
- person who files the lawsuit.
- defendant
- person whom the complaintis against.
- original jurisdiction
- where the case is first held.
- appellate jurisdiction
- where the trial goes after original jurisdiction.
- federal district court
-
courts with original jurisdiction over criminal and civil cases.
94 federal district courts - how cases reach the Supreme Court
-
Writ of Certiorari
or
Certificate - writ of Certiorari
- asking the Supreme Court to review a case because an error has been made.
- Certificate
- A lower court is not clear about a procedure or a rule of law.The lower cort asks the supreme court to answer a specific question.
- majority opinion
-
A.K.A the courts opinion
or
Opinion of the Court - dissenting opinion
- writen by jusices who do not agree with the majority opinion.
- concurring opinion
- written to add or emphasize a point that was not made in the majority opinion.
- reasons why the Supreme court would not accept a case
- a precedent has already clarified the decision of your case.
- constitutional courts
- established by the constitution.
- special courts
- established by congress.
- statutory law
-
any law made by a legislative body of the U.S. congress
Ex. State Assembly, City Council - common law
-
a judge made law that is punishable.
11th Century England 1066-Wiliam the Conqerer
most common law has been changed tp statutory law. - equity law
-
-to make equal or fair.
-to prevent something from happening. - injuntion
- court order to stop some action temporary or permanent.
- Private law
-
dispute between 2 parties.
lawsuit for damage or $$$.
domestic relations
torts
contract property - public law
-
government and citizens.
international law
administrative law
constitutional law
criminal law -
#1
order of events - Investigation
- #2
- Arrest
- #3
- Booking
- #4
- first appearence
- #5
- Set bail at hearing
- #6
- Preliminary hearing
- #7
- Arraignment
- #8
- Plea
- #9
- trial
- #10
- Sentence
- Domestic Relations
-
Divorce, custody, Post/Pre nuptual agreement.
Mostly state issues not Federal - torts
-
a wrongful act which injurs a peron or damages property.
intentional-assult,battery,slander
Negligence
Strict liability- an accident - international law
-
the world court
The United Nations 1945 - administrative law
-
agencies and Depts. of the government and their rules and regulations.
Health Dept.
Building Codes - Constitutional law
-
Laws based on the constitution.
or
Supreme court decisions - Criminal Law
-
Felony-more serious
Misdemeanor-less serious