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23 Cards in this Set

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Power of the courts to review acts of other branches of government and the states.
judicial review
Case in which the Supreme Court first asserted the power of the judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional
Marbury v. Madison
Courts of original jurisdiction where cases begin.
trial courts
Courts that generally review only findings of law made by lower courts.
appellate courts
Authority vested in a particular court to hear and decide the issues in any particular case.
jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial.
original jurisdiction
The power vested in an appellate court to review and/or revise the decision of a lower court.
appellate jurisdiction
Codes of behavior related to the protection of property and individual saftey.
criminal law
Codes of behavior related to business and contractual relationships between groups and individuals.
civil law
Federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III
constitutional courts
Courts established by Congress for specilized purposes, such as the Court of Military Appeals.
legislative courts
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
brief
Prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature.
precedents
In court rulings, a reliance on past decisisons or precedents to formulate decisions in new cases
stare decisis
Process by which presidents generally defer selection of district court judges to the choice of senators of their own part who represent the state where the vacancy occurs.
senatorial courtesy
An approach to constitutional interpretation that emphasizes the Framer's original intentions.
strict constructionist
A request for the Court to order up the records from a lower court to review the case.
writ of certioari
At least four jusitices of the Supreme Court must vote to consider a case before it can be heard.
Rule of Four
The fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the US government to the Supreme Court.
solicitor general
"Friend of the court"; amici may file briefs or even appear to argue their interests orally before the court.
amicus curiae
A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles.
judicial restraint
A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty
Judicial activism
Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
judicial implementation