Gov't Ch 10 Vocab Of American Government: Continuity And Change

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judicial review

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power of the courts to review acts of other branches of the gov't and the states

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judiciary act of 1789

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established the basic three-tiered structure of the federal court system

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Marbury vs Madison (1803)

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Case in which the Supreme Ct first asserted the power of judicial review in finding that the congressional statute extending the Ct's original jurisdiction was unconstitutional.

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trial courts

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Courts of original jurisdiction where cases begin

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appellate courts

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courts that generally review only findings of law made by lower courts

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jurisdiction

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authority vested in a particular court to hear and decide the issues in any particular case.

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original jurisdiction

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the jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction.

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appellate jurisdiction

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the power vested in an appellate court to review an/or revise the decision of a lower court.

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criminal law

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codes of behavior related to the protection of property and individual safety.

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civil law

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codes of behavior related to business and contractual relationships btwn groups and individuals.

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legislative courts

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courts established by Congress for specialized purposes, such as the Court of Military Appeals

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brief

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A document containing the legal written arguments in a case filed w/a court by a party prior to a hearing or trial.

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precedent

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a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

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stare decisis

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In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

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senatorial courtesy

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Process by which presidents generally defer selectionof district court judges to the choice of senators of their own party who represent the state whre the vacancy occurs.

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writ of certiorari

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A request for the Court to order up the recors from a lower court to review the case

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rule of four

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at least four justices of the supreme court must vote to consider a case before it can be heard.

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solicitor general

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the fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. gov'ts to the Supreme Ct.

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amicus curiae

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"Friends of the Court" amici, may file briefs or even appear to argue their interests orally before the court.

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judicial restraint

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A philospphy of judicial decision making that argues courts should allow the decisions of other branches of gov't to stand, even when they offend a judge's own sense of principles

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judicial activism

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a philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the ares of equality and personal liberty

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strict constructionist

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An approach to constitutional interpretation that emphasizes the Framers' original intentions

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judicial implementation

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Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.