Jurisdiction
. Defined as the authority of a court to hear (to try and to decide) a case. The federal courts have jurisdiction over most federal cases.
jurisdiction
– (1) The legal authority of a court to hear and decide a case.
Original Jurisdiction
is the authority of the court to hear and decide a case for the first time. District courts are the only federal court in which jury trials are held.
What is an appellate case?
Appellate courts
hear and review appeals from legal cases that have already been heard and ruled on in lower courts
. Appellate courts exist for both state and federal-level matters but feature only a committee of judges (often called justices) instead of a jury of one's peers.
What is the writ of certiorari quizlet?
Writ of certiorari- This is
Latin for “to make more certain
.” This order directs a lower court to send its records on a case to the Supreme Court for review. This happens if one of the parties in a case claims that the lower court made an error. Nearly all cases come to the Supreme Court on appeal from a lower court.
What does venue mean?
Venue refers to
the specific court in which a case is brought
. In each city, county, state or country, there may be many courts in which a case may be brought, but one specific court may be more appropriate or proper than another. For a court to be a proper venue, it first must have jurisdiction to hear the case.
What is an example of writ of certiorari?
Example of Certiorari Granted: Roe v.
Wade,
the Supreme Court ruled 7–2 that a woman's right to have an abortion was protected by the due process of law clause of the 14th Amendment to the U.S. Constitution
. In deciding to grant certiorari in Roe v. Wade, the Supreme Court faced a thorny legal issue.
How is a writ of certiorari granted?
Writs of Certiorari
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is
to ask it to grant a
writ of certiorari. … According to these rules, four of the nine Justices must vote to accept a case.
Why is it called circuit court?
The Circuit Court is so called
because of the circuits on which its judges travel
, namely Dublin, Cork, Northern, Western, Eastern, South Western, South Eastern, and Midland, each of which are composed of a number of counties.
What types of cases does Supreme Court hear?
The United States Supreme Court is a federal court, meaning in part that it can hear
cases prosecuted by the U.S. government
. (The Court also decides civil cases.) The Court can also hear just about any kind of state-court case, as long as it involves federal law, including the Constitution.
What is the writ of certiorari AP Gov?
Writ of Certiorari.
An order by a higher court directing a lower court to send up a case for review
.
What does the term writ of certiorari mean and how is it used by the legal system quizlet?
A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means “
to be more fully informed
.” A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
What is the meaning of Regional Trial Court?
Regional Trial Courts shall
exercise appellate jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions.
What is writ of mandamus quizlet?
Writ of Mandamus. An
extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty
and not a matter for the official's discretion.
What is venue in federal court?
The court in which a lawsuit is pending
. The plaintiff's choice of venue is usually proper if the court is located in a judicial district where the defendant resides or where the events giving rise to the claim occurred.
What is jurisdiction in court?
definition. Power of a
court to adjudicate cases and issue orders
. Territory within which a court or government agency may properly exercise its power.
What is venue in a civil case?
Civil venue. Venue is either a county (for cases in state court) or a district or division (for cases in federal court). Venue
deals with locality of a lawsuit
—that is, in which locale a lawsuit may be filed or commenced.
How does granting certiorari fit into the process of hearing a case?
In the Supreme Court,
if four Justices agree to review the case, then the Court will hear the case
. This is referred to as “granting certiorari,” often abbreviated as “cert.” If four Justices do not agree to review the case, the Court will not hear the case. This is defined as denying certiorari.
What do you mean by the term writ?
Fundamentally, a writ is
a formal written order issued by anybody, executive or judicial, authorised to do so
. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order.
What does clerking a case mean?
n. 1)
an official or employee who handles the business of a court or a system of courts
, maintains files of each case, and issues routine documents.
Why is Marbury vs Madison 1803 an important case?
The U.S. Supreme Court case Marbury v. Madison (1803)
established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional
. The unanimous opinion was written by Chief Justice John Marshall.
What is the difference between certiorari and mandamus?
Mandamus – A writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty. … This writ is applicable to the public offices only and not to private offices.
Certiorari
– Literally, Certiorari means “to be certified”.
What does habeas corpus literally mean?
The literal meaning of habeas corpus is “
You shall have the body
“—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he's been charged with.
Which type of court is called a circuit court?
The United States circuit courts were
the original intermediate level courts of the United States federal court system
. … 826, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals.
What are the 12 circuit courts?
The United States has 94 judicial circuits, above which there are 12 regional Courts of Appeals: District of Columbia Circuit, for Washington, D.C.;
First Circuit, for Maine, New Hampshire
, Massachusetts, Rhode Island, and Puerto Rico; Second Circuit, for Vermont, Connecticut, and New York; Third Circuit, for New …
What is a circuit court def?
:
a court that sits at two or more places within one judicial district
.
What does judicial review refer to?
The best-known power of the Supreme Court is judicial review,
or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution
, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
What are the 3 levels of court?
- Supreme Court. The Supreme Court has original, appellate and advisory jurisdiction. …
- High Courts. High Courts have jurisdiction over the States in which they are located. …
- District Courts. …
- Lower Courts. …
- Tribunals.
What are the three kinds of courts?
The First Level Courts
These First Level Courts are more commonly referred to as
Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC)
. The MeTCs are the first level courts in the Metropolitan Manila area.
What are the 3 types of cases the Supreme Court hears?
More specifically, federal courts hear
criminal, civil, and bankruptcy cases
. And once a case is decided, it can often be appealed.
What two types of cases go directly to the Supreme Court?
Under Article III, Section II of the Constitution, the Supreme Court has original and exclusive jurisdiction over rare but important cases involving disputes between the states, and
/or cases involving ambassadors and other public ministers
. Under federal law at 28 U.S.C. § 1251.
What does CA mean in court?
CA # —
Court of Appeals
(Court of Appeals for the #th Circuit)
What is habeas corpus AP Gov?
A writ of habeas corpus (literally to “produce the body”) is
a court order to a person (prison warden)
or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. … Its purpose is to persuade the higher court to uphold or reverse the trial court's decision.
How does the Supreme Court decide which cases to hear AP Gov?
Supreme court Justices
sit down together in a conference
and decide which ones to review. The rule of four must be met with four justices agreeing to reviewing the case. Courts can also submit a writ of certiorari to call up a case from a lower court.
Why does the Supreme Court issue a writ of certiorari?
In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower
court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right
.
What is a defendant quizlet?
defendant. in a civil suit,
the person against whom a court action is brought by the plaintiff
; in a criminal case, the person charged with the crime. original jurisdiction. the power of a court to hear a case first, before any other court. appellate jurisdiction.
What is a docket quizlet?
Docket.
A calendar or list of cases for trial or people having cases pending/ court's agenda
.
What is amicus curiae AP?
Amicus Curiae Brief Literally,
a “friend of the court” brief
, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
What is senatorial courtesy AP Gov?
Senatorial Courtesy. An
unwritten traditions whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve
. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator.
What is a Class Action Suit AP Gov?
class action suits.
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances
. justiciable disputes. Issues capable of being settled as a matter of law.
