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40 Cards in this Set

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  • Back
Judicial review
power to review acts of other branches of government and states
Judiciary Act of 1789
establish basic three-tiered structure of federal court system
Litigants
people participating in a lawsuit
Marbury v. Madison
first asserted judicial review
Trial court
court of original jurisdiction
Jurisdiction
authority vested in a particular court to hear and decide the issues in a case
Original jurisdiction
jurisdiction of courts to hear a case first
Appellate jurisdiction
power in an appellate court to review decision of lower court
Criminal law
body of law that regulates individual conduct
Civil law
body of law that regulates conduct between private individuals or companies
Constitutional courts
federal district courts, circuit courts of appeals, & Supreme Court
Legislative courts
courts established by Congress for specialized purposes
Brief
written argument submitted prior to a hearing or trial
Precedent
prior judicial decisions serve as a rule for similar cases
Stare decisis
“let the decision stand” - reliance on past decisions
Strict constructionist
interpretation of Framer’s original intention of Constitution
Seriatim
“in a series” – opinions by many
Informa pauperis
“as a pauper” - way for a poor person to appeal a case to Supreme Court
Rule of Four
four justices of Supreme Court must vote to consider a case
Writ of Certiorari
“to be informed” - request for Supreme Court to review case of a lower court
Amicus curiae
"friend of the court” – interest group or party can bring information to court if they think its important
Solicitor general
4th ranking member of Department of Justice – handles all appeals
Pro bono
no fee
Judicial restraint
judges who are reluctant to overturn acts of a legislature
Judicial activism
judges who have no qualms about overturning a legislative action
Judicial implementation
whether judicial decisions are translated into actual public policies
Litmus test
asking question on one political belief to make a decision
Adversary system
opposing sides argue, and then decision is made
Justiciable dispute
case involving an actual legal dispute
Standing
vested interest in the outcome of a case
Political question
no legal remedy, judge cannot fix
Class action suit
group of people harm in same way file suit
Sovereign immunity
right of state to be free from lawsuit unless it gives permission to the suit
Grand jury
indicting jury, determines if trial will go through
Petite jury
hears and decides cases
Majority opinion
1 member of Court reflects views of a majority of justices
Concurring opinion
by a justice who agrees with the outcome of the case
Plurality opinion
attracts support of three or four justices
Dissenting opinion
by one or more justices who disagree majority or plurality opinion
Per curiam opinion:
unsigned opinion issued by the Court