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Judiciary - Courts, terms, opinions, etc. Flashcards

Definitions of the US Court systems and types of cases, and their corresponding courts. Types of opinions a court can give.

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774641353Civil LawDisputes over things like contracts, property, custody of kids, or an issue of liability deal with this. The government is only involved if it happens to be the party being sued.1
774641354Criminal LawDeals with serious crimes that harm individuals or society. A suspect is arrested and must be indicted.2
774641355Federal District CourtThis court has original jurisdiction.3
774641356Federal Circuit Court of AppealsThis court hears cases on appeal from the District Courts.4
774641357the Supreme CourtThis court hears appeals of cases dealing with constitutional questions from the Circuit courts and, in rare instances, original suits between states.5
774651201Judicial ActivismTerm referring to to the actions of a court that frequently strikes down or alters the acts of the executive and/or legislative branches.6
774651202Judicial RestraintTerm referring to the actions of a court that demonstrates an unwillingness to break with precedent or to overturn legislative and executive branches.7
774651203Judicial ReviewThe power of the Supreme Court to declare laws and executive actions unconstitutional.8
774651204Unanimous OpinionWhen all justices agree - this opinion carries the most force in future legal cases and when legislature drafts new laws. Example: Ruling in Brown v. Board9
774651205Majority OpinionOccurs when the justices split and one side has the most votes. This side decides the ruling of the case.10
774651206Concurring OpinionsSometimes, justices may vote with the majority but take issue with its legal reasoning.11
774651207Dissenting OpinionThose justices in the minority on an opinion can write this, which questions the reasoning of the winning side. Though these dissents have no immediate significance, if the ideological composition of the court changes, they can sometimes become the legal foundation for future majority opinion.12
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