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43 Cards in this Set
- Front
- Back
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judge made law that originated in England from decisions shaped according to prevailing customs. Decisions were applied to similar situations and thus gradually became common to the nation
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Common Law
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a court rule bearing on subsequent legal decisions in similar cases.
Judges rely on these in deciding cases |
Precedent
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"to stand on decided cases"
the judicial policy of following precedents established by past decisions |
Stare Decisis
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the rules and principles announced in court decisions. this included judicial interpretations of common law principles and doctrines as well as interpretations of constitutional law, statutorty law, and administrative law
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Case Law
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the authority of a court to decided certain cases.
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Jurisdiction
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a question that pertains to the U.S. constitution, acts of Congress, or treaties
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Federal Question
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a basis for federal court jurisdiction over a lawsuit that involves citizens from different states.
amount must be at least $75,000 before a federal court can take jurisdiction in such cases |
Diversity of Citizenship
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The court in which most questions begin and in which questions of fact are examined
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Trial Court
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exists when a court's authority to view a case is not significantly restricted.
this kind of court normally can hear a broad range of cases |
General Jurisdiction
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exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions
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Limited Jurisdiction
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a court having jurisdictionto review cases and issues that were originally tried in lower courts
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Appellate Court
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to engage in a legal proceeding or seek relief in a court of law.
to carry on a lawsuit |
Litigate
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a brief filed by a third party who is not directly involved in the litigation but who has an interest int he outcome of the case
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Amicus Curiae Brief
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a lawsuit filed by an individual seeking damages for "all persons similarly situated"
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Class Action Suit
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An order issued from a higher court to a lower court to send up the record of a case for review. It is the principle vehicle for U.S. Supreme Court review
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Writ of Certiorari
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a U.S. Supreme Court procedure according to which four justices must vote to hear a case in order for the case to come before the full court
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Rule of Four
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the verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in his or her client's favor
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Oral Arguments
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the statement by a judge of a court of the decision reached in a case tried or argued before it. It sets forth the law that applies to the case and details the legal reasoning on which the ruling was based
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Opinion
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to declare that a court ruling is valid and must stand
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Affirm
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to annul of make void a court ruling on account of some error or irregularity
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Reverse
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to send a case back to the court that originally heard it
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Remand
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a court opinion or determination on which all judges agree
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Unanimous Opinion
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acourt opinion reflecting the views of the majority of the judges
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Majority Opinion
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a separate opinion prepared by a judge who supports the decision fo the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made
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Concurring Opinion
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a separate opinion in which a judge disagrees with the conclusion reached by the majority of the court and expands his or her own views about the case
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Dissenting Opinion
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a senate tradition allowing a senator to veto a judicial appointment in his state by indicating that the appointment is personally not acceptable. At that point, the senate may reject the nomination or the president may withdraw consideration of the nominee
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Senatorial Courtesy
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a doctrine holding that the Supreme Court shoud take an active role in using its powers to check the activities of Congress, state legislators, and administrative agencies when those government bodies exceed their authority
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Judicial Activism
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a doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and excecutive branches
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Judicial Restraint
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a judicial philosophy that looks to the "letter of the law" when interpreting the constitution or a particular statute
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Strict Construction
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a judicial philosophy that looks to the context and purpose of a law when making an interpretation
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Broad Construction
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the way in which court cases are translated into action
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Judicial Implementation
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an issue that the court believes should be decided by the executive or legislative branch
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Political Question
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the power of the Supreme Court or any court to declare unconstitutional federal or state laws and other acts of government
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Judicial Review
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the first court that hears a case
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Original Jurisdiction
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case involving felony-related issues
punishment usually involves jailtime |
Criminal Case
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represents U.S. in court cases
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Solicitor General
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local courthouse
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District Court
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an order that requires jailers to bring a person before a court or judge and explain why the person is being held in prison
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Habeas Corpus
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must be given a trial
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Bill of Attainder
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"after the fact"
a person cannot be convicted for doing something that was legal at the time |
Ex Post Facto
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document containing a legal argument supporting a desired outcome in a particular case
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Briefs
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14th amendment right to have your case presented in your defence
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Due Process
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3rd party; not directly involved, but has an interest in the verdict
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Friend of the Court
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