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34 Cards in this Set

  • Front
  • Back
Legislatures
Make the Laws
Executives
Edujicate Laws
Trial courts
first to hear the case
appellate courts
review what happened at the trial courts, make sure law has been applied properly.
court of last resort
final appeal court, all info is reviewed
Legislatures
Make the Laws
Executives
Edujicate Laws
Trial courts
first to hear the case
appellate courts
review what happened at the trial courts, make sure law has been applied properly.
court of last resort
final appeal court, all info is reviewed
Judiciary Act of 1789
created a 3 teer court system
3 teer court system
US district court-> US court of appeals-> US supreme court
Plaintiff
the party bring the charge
defendant
the party being charged
judges
preside over the trial
jury
the people who often decide the outcome of a case
amicus briefs
documents submitted by outside groups that might be affected by the decision.
original jurisdiction
the right to hear a case first
appellate jurisdiction
the right to hear a cae & review for errors (do not hear first)
civil law
private wrongs, no criminal penalties- governs relationships among groups & individuals (family law, divorce cases)
criminal law
public wrongs, criminal penalties sought by state- governs relationships between individuals & society (murder, theft)
judicial review
power to review acts of other branches & states- also to decide if they are constitutioanl (SUPREME COURTS POWER)
Marbury v Madison
first example where judicial review was used- marbury was going to assigned as a judge by Adams, but Jefferson took over administration and because Marbury idn't get his letter in time, Jefferson denied his admission as a judge
senatorial courtesy
president & senator from same the same party- president can take senators advice to fill an empty position
precedent
something the court has previously decided on- past decision
stare decisis
legal principle meaning "let the decision stand", relying on precedent to guide future decision making
advisory opinion
creating hypothetical situations
standing
must be a party in the case
mootness
"moot" doesn't meet a decision. resolves itself-- case must need a resolution (someone suing dies)
cilicator general
argue on behave of the gov't to the supreme court
rit of cirt
orders lower courts to send documents, asking court to hear a case
briefs
documents that make legal argument
strict construction
original intent; judges in rulings shouldn't be bound by the constitutions words but what it means -> find the principles & apply to decision making)
dynamic construction
need judges to put the words of the constitution into context.