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42 Cards in this Set
- Front
- Back
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Stare Decisis
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To stand on decided cases; the judicial policy of following precedents established by past decisions
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Common Law
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Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation
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Precedent
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A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
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Case Law
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The rules and principles announced in court decisions. Case law includes judicial interpretations of common law principles and doctrines as well as interpretations of constitutional law, statutory law, and administrative law
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Common Law Tradition
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Common Law
Stare Law |
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Sources of American law
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Constitution
Statues and Admin regulations Case Law |
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Basic Judicial requirements
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-Juridiction
-Federal Questions -Diversity of citizenship |
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Types of Feeral Courts
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US District Courts
-General jurisdiction -Limited jurisdiction US Court of Appeals US Supreme Court |
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Parties to Lawsuits
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Litigate
Amicus Curiae Briefs Class Actions Suits |
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Amicus Curiae Brief
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A brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, or amicus curiae (Latin for "friend of the court"), who is not directly involved in the litigation but who has an interest in the outcome of the case.
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Appellate Court
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A court having jurisdiction to review cases and issues that were originally tried in lower courts.
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Class-Action Suit
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A lawsuit filed by an individual seeking damages for "all persons similarly situated."
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Diversity of Citizenship
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A basis for federal court jurisdiction over a lawsuit that involves citizens of different states or (more rarely) citizens of a U.S. state and citizens or subjects of a foreign country. The amount in controversy must be at least $75,000 before a federal court can take jurisdiction in such cases
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Federal Question
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A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
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General Jurisdiction
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Exists when a court's authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases.
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Jurisdiction
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The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdictional factors
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Limited 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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Litigate
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To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
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Trial Court
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The court in which most cases usually begin and in which questions of fact are examined
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Affirm
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To declare that a court ruling is valid and must stand
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Concurring Opinion
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A separate opinion, prepared by a judge who supports the decision of 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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Dissenting Opinion
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A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case.
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Majority Opinion
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A court opinion reflecting the views of the majority of the judges
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Opinion
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The statement by a judge or a court of the decision reached in a case tried or argued before it. The opinion sets forth the law that applies to the case and details the legal reasoning on which the ruling was based
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Oral Arguments
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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 her or his client's favor
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Remand
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To send a case back to the court that originally heard it
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Reverse
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To annul or make void a court ruling on account of some error or irregularity
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Rule of Four
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A United States Supreme Court procedure requiring four affirmative votes to hear the case before the full Court
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Unanimous Opinion
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A court opinion or determination on which all judges agree
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Writ of Certiorari
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An order issued by a higher court to a lower court to send up the record of a case for review. It is the principal vehicle for United States Supreme Court review
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Senatorial Courtesy
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In regard to federal district court judgeship nominations, a Senate tradition allowing a senator of the president's political party to veto a judicial appointment in his or her state simply 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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Judicial Activism
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A doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when those government bodies exceed their authority
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Judicial Restraint
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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 executive branches
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Judicial Implementation
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The way in which court decisions are translated into action.
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The Common Law Tradition
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Stare Decisis
Common Law Precedent |
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Sources of American Law
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Case Law
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The Federal Court System - 10
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Amicus Curiae Brief
Appellate Court Class-Action Suit Diversity of Citizenship Federal Question General Jurisdiction Jurisdiction Limited Jurisdiction Litigate Trial Court |
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The Supreme Court at Work - which cases reach
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Writ of Certiorari
Rule of Four |
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Supreme Court - Deciding Cases - 1
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Oral Arguments
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Supreme Court Decisions and opinions -
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-Affirm
-Concurring Opinion -Dissenting Opinion -Majority Opinion -Opinion Oral Arguments -Remand -Reverse -Unanimous Opinion |
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What Checks Our Courts
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Judicial Implementation
Legistlative Checks Public Opinion |
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Selection of Federal Judges - 4+1
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Judicial Appointments
-senatorial courtesy Fed. district court judgeship nominat. Fed courts of appeals apoint supreme court appointments |
