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37 Cards in this Set

  • Front
  • Back
judicial review
power of courts to declare laws unconstitutional
original jurisdiction
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.
appellate jurisdiction
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.
strict constructionist approach
the view that judges should decide cases strictly on the basis of the language of the laws and the constituition
activist approach
view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
constitutional court
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
District Courts
the lowest federal courts; federal trials can be held only there
Courts of Appeals
federal courts that hear appeals from district courts; no trials
Legislative Courts
courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article II of the constitution
Grand Jury
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
Petit Jury
A jury that sits at civil and criminal trials. Also called trial jury. *usually 12
Magistrate Judge
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
Habeas Corpus
order to produce an arrested person before a judge
The party against which an action is brought
the pary that initiates the lawsuit
Plea Bargain
To make an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges.
Public defender system
An attorney or a staff of attorneys, usually publicly appointed, having responsibility for the defense of those unable to afford or obtain legal assistance.
senatorial courtesy
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.
Litmus tests
an exam of political idealogy of nominated judge
federal question cases
federal question: An issue directly involving the U.S. Constitution, federal statutes, or treaties between the United States and a foreign country.
federal question jurisdiction** not on vocab but maybe thats what she meant
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
Diversity cases
cases involving citizens of different states who can bring suit in federal courts
Writ of Certiorari
an order by a higher court directing a lower court to send up a case for review
in forma pauperis
a method whereby a poor person can have his or her case in a federal court without charge
fee shifting
rule that allows a plaintiff to recover costs from the defendent if plaintiff wins
legal rule stating who is authorized to start a lawsuit
sovereign immunity
citizen cant sue government without governments consent
class action lawsuit
case brought by someone to help him/her and all others who are similarly situated
written statement by attorney that summarizes a case & the laws
amicus curae (ameci)
3rd party friendly to both sides
per curium opinion
brief, unsigned court opinion
opinion of court
signed opinion of a majority of supreme court
concurring opinion
signed opinion in which one or more members agree with majority view but for different reasons
dissenting opinion
signed opinion in which one or more justices disagree with the majority view
stare decisis
"let the decision stand" or allowing prior rulings to control the current case
political question
an issue the supreme court will allow the executive and legisltative branches to decide
judicial order enforcing a right or redressing a wrong