The American Court System Flashcards

The American Court System Flashcards
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Professional Members of a Courtroom
These are individuals who are paid to serve the court, such as the judge, attorneys, witnesses who offer expert testimony and bailiffs.
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Reversing a Decision
Appellate courts have the power to do this if they annul the lower court's decision.
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Affirming a Decision
When appellate courts take this action, they are confirming that the lower court made the proper decision.
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Remanding a Case
Appellate courts do this when they hear a case and then send it back to the lower court that initially heard it.
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Subject Matter Jurisdiction
This kind of jurisdiction is determined based on the type of case. It has a great amount of influence over how the court system is structured because it tells us which courts hear which cases.
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Long-Arm Statute
A court in one state may use this statute if it needs to claim jurisdiction on a defendant who engages in business in multiple states. Minimum contact must be established for this to apply.
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Original Jurisdiction
The court that hears a particular case first has this kind of jurisdiction.
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Writ of Habeas Corpus
This is a legal way to make a claim that you were falsely imprisoned.
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Appellate Courts
These are courts that hear cases when they're appealed. They can overturn rulings or even remand a case if they find that a judge made serious errors.
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Jurisdiction over People
This type of jurisdiction is determined by looking at where a party lives. They may live in the state where the crime took place or in the forum state.
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Jurisdiction over Property

A kind of jurisdiction that uses assets as restitution to parties who were found to have been wronged in a case. Assets may also be taken and held to get a defendant to come to court.

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State Court System
This court system deals with estate law, including probates and wills, family law and criminal cases.
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Judiciary Act of 1789
This act set up district courts in the federal court system.
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Article III of the U.S. Constitution

This constitutional article set up the dual-court system used in the U.S. by allowing for federal and state courts.

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29 cards in set

Flashcard Content Overview

Working with this set of flashcards can help you go over the roles of professional and nonprofessional members of the court. You can consider social justice and criminal justice. You'll also be able to review how venue is decided in court cases. Original jurisdiction and the appellate court system will be covered by these flashcards as well. Additionally, you'll be able to review jurisdiction over people and property.

Front
Back
Article III of the U.S. Constitution

This constitutional article set up the dual-court system used in the U.S. by allowing for federal and state courts.

Judiciary Act of 1789
This act set up district courts in the federal court system.
State Court System
This court system deals with estate law, including probates and wills, family law and criminal cases.
Jurisdiction over Property

A kind of jurisdiction that uses assets as restitution to parties who were found to have been wronged in a case. Assets may also be taken and held to get a defendant to come to court.

Jurisdiction over People
This type of jurisdiction is determined by looking at where a party lives. They may live in the state where the crime took place or in the forum state.
Appellate Courts
These are courts that hear cases when they're appealed. They can overturn rulings or even remand a case if they find that a judge made serious errors.
Writ of Habeas Corpus
This is a legal way to make a claim that you were falsely imprisoned.
Original Jurisdiction
The court that hears a particular case first has this kind of jurisdiction.
Long-Arm Statute
A court in one state may use this statute if it needs to claim jurisdiction on a defendant who engages in business in multiple states. Minimum contact must be established for this to apply.
Subject Matter Jurisdiction
This kind of jurisdiction is determined based on the type of case. It has a great amount of influence over how the court system is structured because it tells us which courts hear which cases.
Remanding a Case
Appellate courts do this when they hear a case and then send it back to the lower court that initially heard it.
Affirming a Decision
When appellate courts take this action, they are confirming that the lower court made the proper decision.
Reversing a Decision
Appellate courts have the power to do this if they annul the lower court's decision.
Professional Members of a Courtroom
These are individuals who are paid to serve the court, such as the judge, attorneys, witnesses who offer expert testimony and bailiffs.
Nonprofessional / Outsider Members of a Courtroom
These individuals aren't working for the court. Defendants, victims, lay witnesses and jurors are examples of this kind of courtroom participant.
Prosecutor
A professional courtroom participant who serves to represent the interest of the victim and the people in a court case
Judge
This professional member of the court will decide if arguments made during a given trial are legal.
Jury
This group is made up of jurors, who listen to a court case before deliberating and determining the verdict. They are considered nonprofessional members of the court.
Defense Counsel
This lawyer is responsible for defending the rights of the defendant and supporting his or her interest.
Clerk of the Court
Individuals in this position work for the court by setting up jury pools, keeping records and subpoenaing witnesses.
How the venue of a criminal case is determined

The location where the crime occurred or the place where the body was discovered

How the venue of a civil case is determined

The location of the court; the place where either the defendant or the plaintiff works; the area where the defendant or plaintiff resides

Factors that may cause a venue to change

1) Clauses in a contract 2) Problems providing an impartial trial 3) Issues with pretrial publicity 4) Location of witnesses

Quasi In Rem Jurisdiction
A type of jurisdiction that allows a court to take control of someone's property to force them to come to court. This can be used even if the defendant lives in a different state.
Social Justice
A type of justice that is concerned with fairness and equal opportunities for people. Employment discrimination laws are an example of this kind of justice.
Criminal Justice
This kind of justice apply when criminal laws are violated.
International Shoe v. State of Washington (1945)

A court case that involved the prosecution of an out-of-state defendant. It dealt with issues related to minimum contact between the defendant and the forum state.

Motion to Sequester

A court action that seizes property being contested in a court case and forces it to be surrendered to a party that has no bias related to the proceedings.

Court Cases: Interested Parties

Individuals who will be impacted by a case's outcome. This can include victims or defendants.

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