Ap Gov Judiciary Chapter

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judicial review

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power of courts to declare laws unconstitutional

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original jurisdiction

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of a court refers to matters on which the court rules in the first instance, as opposed to matters in which it reviews the decision of another court.

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appellate jurisdiction

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refers to the power of a court to review and potentially modify the decisions made by another court or tribunal. The review process is known as an appeal, and is normally initiated by an action of the party who is dissatisfied with the decision of the lower court.

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strict constructionist approach

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the view that judges should decide cases strictly on the basis of the language of the laws and the constituition

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activist approach

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view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances

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constitutional court

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federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court & appelate & district courts created by Congress

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District Courts

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the lowest federal courts; federal trials can be held only there

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Courts of Appeals

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federal courts that hear appeals from district courts; no trials

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Legislative Courts

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courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article II of the constitution

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Grand Jury

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A jury of 12 to 23 persons convened in private session to evaluate accusations against persons charged with crime and to determine whether the evidence warrants a bill of indictment

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Petit Jury

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A jury that sits at civil and criminal trials. Also called trial jury. *usually 12

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Magistrate Judge

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A civil officer with power to administer and enforce law, as:

A local member of the judiciary having limited jurisdiction, especially in criminal cases.
A minor official, such as a justice of the peace, having administrative and limited judicial authority

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Habeas Corpus

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order to produce an arrested person before a judge

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defendant

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The party against which an action is brought

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plaintiff

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the pary that initiates the lawsuit

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Plea Bargain

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To make an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges.

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Public defender system

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An attorney or a staff of attorneys, usually publicly appointed, having responsibility for the defense of those unable to afford or obtain legal assistance.

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senatorial courtesy

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The custom in the U.S. Senate of refusing to confirm a presidential appointment to office opposed by both senators from the state of the appointee or by the senior senator of the President's party.

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Litmus tests

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an exam of political idealogy of nominated judge

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federal question cases

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federal question: An issue directly involving the U.S. Constitution, federal statutes, or treaties between the United States and a foreign country.

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federal question jurisdiction** not on vocab but maybe thats what she meant

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is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of the United States

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Diversity cases

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cases involving citizens of different states who can bring suit in federal courts

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Writ of Certiorari

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an order by a higher court directing a lower court to send up a case for review

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in forma pauperis

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a method whereby a poor person can have his or her case in a federal court without charge

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fee shifting

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rule that allows a plaintiff to recover costs from the defendent if plaintiff wins

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standing

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legal rule stating who is authorized to start a lawsuit

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sovereign immunity

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citizen cant sue government without governments consent

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class action lawsuit

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case brought by someone to help him/her and all others who are similarly situated

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brief

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written statement by attorney that summarizes a case & the laws

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amicus curae (ameci)

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3rd party friendly to both sides

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per curium opinion

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brief, unsigned court opinion

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opinion of court

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signed opinion of a majority of supreme court

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concurring opinion

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signed opinion in which one or more members agree with majority view but for different reasons

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dissenting opinion

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signed opinion in which one or more justices disagree with the majority view

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stare decisis

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"let the decision stand" or allowing prior rulings to control the current case

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political question

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an issue the supreme court will allow the executive and legisltative branches to decide

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remedy

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judicial order enforcing a right or redressing a wrong