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23 Cards in this Set

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judicial review
power of the courts to review acts of other branches of the gov't and the states
judiciary act of 1789
established the basic three-tiered structure of the federal court system
Marbury vs Madison (1803)
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.
trial courts
Courts of original jurisdiction where cases begin
appellate courts
courts that generally review only findings of law made by lower courts
jurisdiction
authority vested in a particular court to hear and decide the issues in any particular case.
original jurisdiction
the jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction.
appellate jurisdiction
the power vested in an appellate court to review an/or revise the decision of a lower court.
criminal law
codes of behavior related to the protection of property and individual safety.
civil law
codes of behavior related to business and contractual relationships btwn groups and individuals.
legislative courts
courts established by Congress for specialized purposes, such as the Court of Military Appeals
brief
A document containing the legal written arguments in a case filed w/a court by a party prior to a hearing or trial.
precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
senatorial courtesy
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.
writ of certiorari
A request for the Court to order up the recors from a lower court to review the case
rule of four
at least four justices of the supreme court must vote to consider a case before it can be heard.
solicitor general
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.
amicus curiae
"Friends of the Court" amici, may file briefs or even appear to argue their interests orally before the court.
judicial restraint
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
judicial activism
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
strict constructionist
An approach to constitutional interpretation that emphasizes the Framers' original intentions
judicial implementation
Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.