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The Judicial Branch flashcards
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- What is meant by “Federal courts” in this lesson?Court systems
- Federal courts hear matters assigned by the Constitution and federal statutes.
- What is meant by “State courts” in this lesson?Court systems
- State courts hear matters within their state systems and applicable jurisdiction.
- What is meant by “Trial court” in this lesson?Court systems
- A trial court receives evidence and determines issues under the governing procedures.
- What is meant by “Appellate court” in this lesson?Court systems
- An appellate court generally reviews claimed legal or procedural errors rather than conducting a new trial.
- What is meant by “Civil and criminal cases” in this lesson?Court systems
- Civil proceedings address legal disputes; criminal prosecutions address alleged offenses under criminal law.
- What is meant by “Judicial review” in this lesson?Judicial review
- Courts evaluate challenged governmental actions against constitutional requirements in appropriate cases.
- What is meant by “Marbury v. Madison” in this lesson?Judicial review
- The 1803 decision is a landmark in the articulation of federal judicial review.
- What is meant by “Constitutional question” in this lesson?Judicial review
- A constitutional question concerns the meaning or application of constitutional requirements.
- What is meant by “Case and controversy” in this lesson?Judicial review
- Federal judicial power is exercised through qualifying disputes under constitutional and procedural requirements.
- What is meant by “Remedy” in this lesson?Judicial review
- A remedy is the relief a court is legally authorized to provide.
- What is meant by “Policy versus legality” in this lesson?Judicial review
- An unpopular or unwise policy is not necessarily unconstitutional.
- What is meant by “Precedent” in this lesson?Applying precedent and interpreting decisions
- Earlier decisions guide later legal reasoning within the relevant court hierarchy and context.
- What is meant by “Holding” in this lesson?Applying precedent and interpreting decisions
- A holding is the legal determination necessary to resolve the case's issue.
- What is meant by “Material facts” in this lesson?Applying precedent and interpreting decisions
- Legally significant facts influence how a rule applies.
- What is meant by “Majority opinion” in this lesson?Applying precedent and interpreting decisions
- A majority opinion explains the controlling rationale when a majority agrees on it.
- What is meant by “Dissent” in this lesson?Applying precedent and interpreting decisions
- A dissent expresses disagreement and is not the controlling holding of that case.
- What is meant by “Distinguishing a case” in this lesson?Applying precedent and interpreting decisions
- A court can explain why materially different facts limit a precedent's application.