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42 Cards in this Set

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  • Back
Stare Decisis
To stand on decided cases; the judicial policy of following precedents established by past decisions
Common Law
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
Precedent
A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
Case Law
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
Common Law Tradition
Common Law
Stare Law
Sources of American law
Constitution
Statues and Admin regulations
Case Law
Basic Judicial requirements
-Juridiction
-Federal Questions
-Diversity of citizenship
Types of Feeral Courts
US District Courts
-General jurisdiction
-Limited jurisdiction
US Court of Appeals
US Supreme Court
Parties to Lawsuits
Litigate
Amicus Curiae Briefs
Class Actions Suits
Amicus Curiae Brief
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.
Appellate Court
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
Class-Action Suit
A lawsuit filed by an individual seeking damages for "all persons similarly situated."
Diversity of Citizenship
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
Federal Question
A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
General Jurisdiction
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.
Jurisdiction
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
Limited Jurisdiction
Exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.
Litigate
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
Trial Court
The court in which most cases usually begin and in which questions of fact are examined
Affirm
To declare that a court ruling is valid and must stand
Concurring Opinion
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.
Dissenting Opinion
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.
Majority Opinion
A court opinion reflecting the views of the majority of the judges
Opinion
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
Oral Arguments
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
Remand
To send a case back to the court that originally heard it
Reverse
To annul or make void a court ruling on account of some error or irregularity
Rule of Four
A United States Supreme Court procedure requiring four affirmative votes to hear the case before the full Court
Unanimous Opinion
A court opinion or determination on which all judges agree
Writ of Certiorari
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
Senatorial Courtesy
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.
Judicial Activism
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
Judicial Restraint
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
Judicial Implementation
The way in which court decisions are translated into action.
The Common Law Tradition
Stare Decisis
Common Law
Precedent
Sources of American Law
Case Law
The Federal Court System - 10
Amicus Curiae Brief
Appellate Court
Class-Action Suit
Diversity of Citizenship
Federal Question
General Jurisdiction
Jurisdiction
Limited Jurisdiction
Litigate
Trial Court
The Supreme Court at Work - which cases reach
Writ of Certiorari
Rule of Four
Supreme Court - Deciding Cases - 1
Oral Arguments
Supreme Court Decisions and opinions -
-Affirm
-Concurring Opinion
-Dissenting Opinion
-Majority Opinion
-Opinion
Oral Arguments
-Remand
-Reverse
-Unanimous Opinion
What Checks Our Courts
Judicial Implementation
Legistlative Checks
Public Opinion
Selection of Federal Judges - 4+1
Judicial Appointments
-senatorial courtesy
Fed. district court judgeship nominat.
Fed courts of appeals apoint
supreme court appointments