Podcast
Questions and Answers
In an ______ system, lawyers on both sides of a case attempt to prove their argument within a 2-sided court structure.
In an ______ system, lawyers on both sides of a case attempt to prove their argument within a 2-sided court structure.
adversarial
An amicus curiae brief is submitted by a '______ of the court' to assist the Court in reaching a decision.
An amicus curiae brief is submitted by a '______ of the court' to assist the Court in reaching a decision.
friend
An ______ court reviews decisions made in lower district courts.
An ______ court reviews decisions made in lower district courts.
appeals
______ jurisdiction allows a court to review decisions made by lower courts.
______ jurisdiction allows a court to review decisions made by lower courts.
The ______ approach suggests Supreme Court decisions are based on the political ideologies of the justices.
The ______ approach suggests Supreme Court decisions are based on the political ideologies of the justices.
______ are written arguments filed by the parties in an appeal, outlining the legal basis for their claims.
______ are written arguments filed by the parties in an appeal, outlining the legal basis for their claims.
The ______ of proof lies with the party responsible for demonstrating guilt or liability in a case.
The ______ of proof lies with the party responsible for demonstrating guilt or liability in a case.
According to law, proving is the plaintiff's responsibility in a ______ case.
According to law, proving is the plaintiff's responsibility in a ______ case.
In a civil trial, the burden of proof can fall on either the ______ or the ______, depending on the specific claims and defenses.
In a civil trial, the burden of proof can fall on either the ______ or the ______, depending on the specific claims and defenses.
______ on appeal are those that Congress mandates the Supreme Court must hear, regardless of the Court's own preferences.
______ on appeal are those that Congress mandates the Supreme Court must hear, regardless of the Court's own preferences.
The ______ is where law clerks screen cases for the Supreme Court and advise justices on which ones to hear.
The ______ is where law clerks screen cases for the Supreme Court and advise justices on which ones to hear.
A ______ lawsuit is initiated by a group representing themselves and others in similar circumstances.
A ______ lawsuit is initiated by a group representing themselves and others in similar circumstances.
______ occurs when litigants secretly agree on the desired outcome of a case, leading the federal court to decline hearing it.
______ occurs when litigants secretly agree on the desired outcome of a case, leading the federal court to decline hearing it.
______ law is based on the precedent of previous court rulings rather than on legislation.
______ law is based on the precedent of previous court rulings rather than on legislation.
______ interpretation determines if legislation or governmental action aligns with the Constitution.
______ interpretation determines if legislation or governmental action aligns with the Constitution.
The ______ is the party against whom a case is brought.
The ______ is the party against whom a case is brought.
______ are the lowest federal courts where federal trials are held.
______ are the lowest federal courts where federal trials are held.
A court's list of cases to be heard is called a ______.
A court's list of cases to be heard is called a ______.
______ is when judges interpret the Constitution to reflect current conditions and values.
______ is when judges interpret the Constitution to reflect current conditions and values.
______ is when Judges should interpret the Constitution to reflect what the framers intended and what its words say.
______ is when Judges should interpret the Constitution to reflect what the framers intended and what its words say.
______ is the power of the courts to declare laws unconstitutional.
______ is the power of the courts to declare laws unconstitutional.
The ______ created the federal court system.
The ______ created the federal court system.
______ is the sphere of a court's legal authority to hear and decide cases.
______ is the sphere of a court's legal authority to hear and decide cases.
Interpreting the Constitution as a document that evolves with national attitudes and circumstances is known as ______.
Interpreting the Constitution as a document that evolves with national attitudes and circumstances is known as ______.
______ is the irrelevance of a case by the time it is received by the federal court, causing the court to not hear the case.
______ is the irrelevance of a case by the time it is received by the federal court, causing the court to not hear the case.
______ are the verbal arguments presented in person by attorneys to an appellate court.
______ are the verbal arguments presented in person by attorneys to an appellate court.
______ is when Justices should surmise the intentions of the Founders when the language of the Constitution is unclear.
______ is when Justices should surmise the intentions of the Founders when the language of the Constitution is unclear.
The ______ begins a case to court.
The ______ begins a case to court.
A ______ is a defendant's admission of guilt in exchange for a less severe punishment.
A ______ is a defendant's admission of guilt in exchange for a less severe punishment.
A ______ is a legal norm established in court cases that is then applied to future cases dealing with the same legal questions.
A ______ is a legal norm established in court cases that is then applied to future cases dealing with the same legal questions.
______ requires a case must involve an actual controversy between two parties, not a hypothetical one.
______ requires a case must involve an actual controversy between two parties, not a hypothetical one.
The ______ argues the government's cases before the Supreme Court.
The ______ argues the government's cases before the Supreme Court.
______ is the amount of evidence needed to determine the outcome of a case.
______ is the amount of evidence needed to determine the outcome of a case.
______ is the process by which courts interpret and apply legislation.
______ is the process by which courts interpret and apply legislation.
A ______ is the decision of a jury.
A ______ is the decision of a jury.
A ______ is an uncommon way to bring a case before the Supreme Court where the lower court asks a higher court for clarification on a law.
A ______ is an uncommon way to bring a case before the Supreme Court where the lower court asks a higher court for clarification on a law.
A ______ requires at least 4 of the 9 justices agree to hear a case that has reached them via an appeal from the losing party in a lower courts ruling.
A ______ requires at least 4 of the 9 justices agree to hear a case that has reached them via an appeal from the losing party in a lower courts ruling.
______ are Orders issued by a higher court to a lower court, government official, or government agency to perform acts required by law.
______ are Orders issued by a higher court to a lower court, government official, or government agency to perform acts required by law.
The Constitution is a ______ constitution, it lives and is open to interpretation.
The Constitution is a ______ constitution, it lives and is open to interpretation.
If the Supreme Court deemed a case to have ______, it will decline to hear the case.
If the Supreme Court deemed a case to have ______, it will decline to hear the case.
Flashcards
Adversarial system
Adversarial system
A 2 sided court structure where lawyers on both sides attempt to prove their argument.
Amicus curiae
Amicus curiae
A brief submitted by a "friend of the court" to help the Court reach a decision.
Appeals court
Appeals court
A court that reviews decisions made in lower district courts.
Appellate jurisdiction
Appellate jurisdiction
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Attitudinalist approach
Attitudinalist approach
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Briefs
Briefs
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Burden of proof
Burden of proof
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Cases on appeal
Cases on appeal
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Cert pool
Cert pool
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Class action lawsuit
Class action lawsuit
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Collusion
Collusion
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Common law
Common law
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Constitutional interpretation
Constitutional interpretation
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Defendant
Defendant
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District courts
District courts
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Docket
Docket
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Judicial activism
Judicial activism
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Judicial restraint
Judicial restraint
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Judicial review
Judicial review
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Judiciary Act of 1789
Judiciary Act of 1789
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Jurisdiction
Jurisdiction
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Living Constitution
Living Constitution
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Mootness
Mootness
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Oral arguments
Oral arguments
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Original intent
Original intent
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Plaintiff
Plaintiff
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Plea bargain
Plea bargain
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Precedent
Precedent
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Ripeness
Ripeness
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Solicitor General
Solicitor General
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Standard of proof
Standard of proof
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Statutory interpretation
Statutory interpretation
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Verdict
Verdict
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Writ of certification
Writ of certification
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Writ of certiorari
Writ of certiorari
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Writs of mandamus
Writs of mandamus
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Study Notes
- Adversarial System: A two-sided court structure where lawyers on each side aim to prove their argument.
- Amicus Curiae: A "friend of the court" brief that assists the Court in making a decision.
- Appeals Court: A court that reviews decisions made by lower district courts.
- Appellate Jurisdiction: A court's power to review decisions from lower courts.
- Attitudinalist Approach: Understanding Supreme Court decisions based on justices' political ideologies.
- Briefs: Written arguments submitted by parties in an appeal.
- Burden of Proof: The responsibility to prove guilt. In criminal cases, it falls on the plaintiff; in civil trials, it can be the plaintiff or defendant.
- Cases on Appeal: Cases that Congress mandates the Supreme Court must hear.
- Cert Pool: Law clerks screen cases for the Supreme Court and recommend which ones should be heard.
- Class Action Lawsuit: A lawsuit filed by a group representing themselves and others in similar situations.
- Collusion: A secret agreement between litigants on the desired outcome, causing the federal court to decline the case.
- Common Law: Law based on the precedent of previous court rulings, not legislation.
- Constitutional Interpretation: Determining whether a law or governmental action is supported by the Constitution.
- Defendant: The party against whom a case is brought.
- District Courts: The lowest federal courts where federal trials occur.
- Docket: A court's list of cases to be heard.
- Judicial Activism: Judges interpreting the Constitution to reflect current conditions and values. Judicial Restraint: Judges interpreting the Constitution based on the framers' intent and the document's words.
- Judicial Review: The courts' power to declare laws unconstitutional.
- Judiciary Act of 1789: Congressional law that established the federal court system.
- Jurisdiction: A court's legal authority to hear and decide cases.
- Living Constitution: Interpreting the Constitution as an evolving document that changes with national attitudes and circumstances.
- Mootness: When a case becomes irrelevant by the time it reaches the federal court, preventing the court from hearing it.
- Oral Arguments: Attorneys present verbal arguments to an appellate court, explaining why the court should rule in their client's favor.
- Original Intent: Justices attempting to understand the intentions of the Founders when the Constitution's language is unclear.
- Plaintiff: The party who initiates a case in court.
- Plea Bargain: A defendant's admission of guilt in exchange for a lighter punishment.
- Precedent: A legal norm established in court cases that is applied to future cases with similar legal questions.
- Ripeness: The requirement that a case must involve an actual controversy between two parties, not a hypothetical one.
- Solicitor General: Justice Department officer who argues the government's cases before the Supreme Court.
- Standard of Proof: The amount of evidence required to determine the outcome of a case, higher in criminal cases than civil ones.
- Statutory Interpretation: How courts interpret and apply legislation.
- Verdict: The jury's decision in a case.
- Writ of Certification: An uncommon way to bring a case to the Supreme Court, where a lower court seeks clarification on a law from a higher court.
- Writ of Certiorari: When at least four of the nine justices agree to hear a case that has been appealed from a lower court ruling (rule of 4).
- Writs of Mandamus: Orders from a higher court to a lower court, government official, or agency to perform acts required by law.
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Description
Key legal terms related to the US court system and judicial process. Includes explanations of adversarial systems, amicus curiae briefs, appeals courts, and appellate jurisdiction. Also covers legal strategies and concepts, such as burden of proof and class action lawsuits.
