Chapter 18 Political Dictionary: Courts

Prepared by a Student

1. Inferior courts are the lower federal courts beneath the Supreme Court. They are created by the Congress to exercise their judicial powers.

2. Jurisdiction is 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.

3. Exclusive jurisdiction is cases that can be heard only in the federal courts. This type of jurisdiction gives federal courts the right to be the first to hear the case.

4. Concurrent jurisdiction is the federal and State courts sharing the power to hear cases. It is a stronger type of jurisdiction that can best handle cases known in law as diverse citizenship.

5. Plaintiff is the person who files the suit. If the case is brought before the federal court, he or she may bring the case in the proper State or federal court, as he or she chooses.

6. Defendant is the person whom the complaint is against. If the case is brought before the State court, he or she can have the trial moved, under certain circumstances, to the federal district court.

7. Original jurisdiction is the power of a court to hear a case first, before any other court. It gives inferior courts a stronger judicial power. In the federal court system, the district courts have only original jurisdiction.

8. Appellate jurisdiction is the authority of a court to review decisions of inferior courts. It gives the courts of appeals the power of checks and balances on inferior courts.

9. Criminal case is one in which a defendant is tried for committing some action that Congress has declared by law to be a federal crime. These cases are taken care of district court jurisdiction on criminals. The courts try cases ranging from bank robbery and mail fraud to counterfeiting and tax evasion.

10. Civil cases are cases involving a non-criminal matters such as a contract dispute or a claim of patent infringement. These cases arise under bankruptcy, postal, tax, labor relations, public lands, civil rights, and other laws of the United States.

11. Docket is the Supreme Court’s list of cases to be heard. It acts as the set limit for the courts of appeals to relieve the Supreme Court of much of the burden of hearing appeals from the district courts.

12. Writ of certiorari is an order by the Court directing a lower court to send up the record in a given case for its review. It is essential on the clarification of cases that raise important constitutional questions or serious problems in the interpretation of a statute.

13. Certificate is a process used when a lower court is not clear about the procedure or the rule of law that should apply in a case. This allows the lower court to ask the Supreme Court to certify the answer to a specific question in the matter.

14. Majority opinion is the opinion of the Court. It announces the Court’s decision in a case and sets out the reasoning on which it is based.

15. Precedents are examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court. This emphasizes the value and purpose of the Court’s written majority opinions.

16. Concurring opinion is an opinion that adds or emphasizes a point that was not made in the majority opinion. It may bring the Supreme Court to modify its present stand in future cases.

17. Dissenting opinions are written explanations of the views of one or more judges who disagree with a decision reached by a majority of the court. It gives the Supreme Court an occasion to completely reverse itself from one opinion to another opinion that is completely opposite.

18. Redress is satisfaction of a claim or payment. The United States Court of Federal Claims gives redress to a person with a claim against the United States.

19. Courts-martial are the military courts that serve the special disciplinary needs of the armed forces and are not a part of the federal court system. They conduct court trials of those members of the military who are accused of violating military laws.

20. Civilian tribunal a court operating as a part of the judicial branch, entirely separate from the military establishment. They review the more serious court-martial convictions of military personnel.