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22 Cards in this Set
- Front
- Back
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Jurisdiction |
Authority voted in a particular court to hear and decide the issues in a particular case |
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Original jurisdiction |
The jurisdiction of courts that hear the case first, usually in a trial. These courts determine the facts of a case |
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Appellate jurisdiction |
The power vested in particular courts to review and or revise the division of a lower court |
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Judiciary Act of 1789 |
Legislative act that established the basic three tiered structure of the federal court system |
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Judicial review |
Powers of the courts the courts to review acts of other branches of government and the states |
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Marbury v. Madison(1803) |
Case in which the Supreme Court first asserted the power of judicial review by finding that the Congressional statute extending the courts original jurisdiction was unconstitutional |
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Trial court |
Court original jurisdiction over cases begin |
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Appellate court |
Cord that generally reviews on the findings of law made by lower courts |
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Constitutional courts |
Federal courts specifically created by the U.S. Constitution or by Congress pursuant and its authority in Article III |
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Legislative courts |
Courts established by the congress for specialized purposes, such as the Court of Appeals for Veterans Claims |
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Brief |
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial |
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Precedent |
A presidential decision that serves as a rule for settling subsequent cases of a similar nature |
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Stare decisis |
In court rulings, reliance on past decisions or precedents to formulate decisions in new cases |
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Senatorial courtesy |
A process by which presidents generally allow senators from the state in which a judicial vacancies occurs to block a nominations by simply registering their objection |
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Writ of centiorari |
A request for the Supreme Court to order of the records from a lower court to review the case |
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Rule of Four |
At least for justices of the Supreme Court must vote to consider a case before it can be heard |
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Solicitor general |
The fourth ranking member of the Department of Justice; responsible for handling newly all appeals on behalf of the US government to the Supreme Court |
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Amicus curiae |
"Friend of the court," amici may file briefs or even appear to argue their interest or orally before the court |
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Judicial restraint |
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge's own principles |
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Judicial activism |
A philosophy of judicial decision making that posits judges should use their power broadly to further justice |
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Strict constructionist |
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the framers |
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Judicial implementation |
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit |
