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Flashcards in Chapter 14-courts Deck (22)
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1

According to Alexis de Tocqueville, why do Americans rely on courts?

To resolve political questions

2

What are the sources of American law?

Federal and state constitutions,
Statues passed by legislative bodies,
Administrative law (from president),
Case law (from court cases)

3

Common law

The body of judge-made law

4

Precedent

A court ruling bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.

5

Stare decisis

To stand on decided cases; the judicial policy of following precedents established by past decisions.

6

What is most American law based on?

The English legal system

7

Case law

The rules and principles announced in court decisions

8

The U.S. has a dual court system. What 2 courts are there?

State courts and federal courts

9

Jurisdiction

The authority of a court to hear and decide certain cases.

10

Federal question

Arises when a case is based on the U. S. Constitution

11

Diversity of citizenship

When the people in a lawsuit are from different states, or more rarely when one person is a U. S. citizen and the other is someone of a foreign country

12

Basic judicial requirements

Jurisdiction and standing to sue

13

Litigate

Bring to trial

14

Amicus curiae brief

"Amicus curiae" means "friend of the court." A legal document filed by someone who is not involved in the litigation but has an interest in the outcome.

15

Class-action suit

A lawsuit filed by an individual seeking damages for "all persons similarly situated."

16

When do federal courts have jurisdiction?

When there is a federal question in the case.

17

Standing to sue is...

Determined by whether a person or group has sufficient stake in the matter to justify a suit.

18

Courts of limited jurisdiction

Courts that can only hear certain types of cases, like tax courts and bankruptcy courts.

19

Trial courts

Courts with general jurisdiction, meaning they can hear a wide array of cases. U. S. District courts are trial courts.

20

Appellate courts

The courts people go to if they are unsatisfied with the decision or jurisdiction of a district court.

21

How many federal district courts does each state have?

At least 1 federal district court.

22

When can the Supreme Court review a state supreme court decision?

If a federal question is involved