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49 Cards in this Set

  • Front
  • Back
Judge made law that originated in england from decisions shaped accroding to prevailing custom.
Common law
Obligates judges to follow the precedents set previously by their own courts or by higher courts that have authority over them
stare decisis in common law
The practice of deciding new cases with reference to former decisions
precendent in common law
Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
Case law
The authority of a court to hear and decide certain cases.
Jurisdiction
Authority to hear a case first
original jurisdiction
A court having jurisdictoin to review cases and issues that were originally tried in lower courts
appelate jurisdiction
What kind of jurisdiction do the U.S. district courts have.
Original jurisdiction (general jurisdiction)
What kind of jurisdiction does the U.S. Court of appeals have
Appelate jurisdiction
What kind of jurisdictions does the U.S. Supreme court have.
Original and Appelate
What do the supreme court, us courts of appeal, district courts all have in common.
They all have federal jurisdicton
Exists when a courts authority to hear cases is not significantly restricted. Can normally hear a broad range of cases
General Jurisdicton
A secret court established to hear requests for warrants for the surveillance of suspected spies.
The FISA Court
Who selects the nominate for judicial canidates.
President
What is the senates role in judicial appointments
they eaither confirm or reject the nomination
In federal disctric court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
senatorial courtesy
What plays an important role in the presiden'ts chioces for judicial appointments
partisanship (their policital background)
Orders a lower court to send the supreme court a record of the case for review.
writ of certiorari
The court will not issue a writ unless at least four justices approve it.
Rule of four
Factors contributing to supreme court case selection
1. conflicting lower court decisions
2. Lower court decisions conflicting with supreme court precedent
3. Case brought by Solicitor general
4. Important legal issue in need of clarification
5. personal perspectives of the justices
is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to statements made by individual judges. The literal meaning of this legal term is "by the court".
per curim
a policy making body that sets priorites for the federal judiciary.
Judicial conference
who is also the chair of the judicial conference
chief justice
is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case.
solicitor general
Also one of the factors that influence judicial decisions.
solicitor gerneral's opinion
The court opinion reflecting the verdict and legal reasoning of the majority of the justices
majority opinion
The opinions of justices who disagree with the majority verdict.
dissenting opinion (minority opinion)
An opinion issued by a member of the majority who agrees with the majority verdict, but who disagrees with the legal reasoning used by the majority
concurring opinion
we need an active powerful court that could strike down the action of the congress or president
are what judicial activists believe
court should be weaker than congress and president
judicial restraint
In federal disctric court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
senatorial courtesy
What plays an important role in the presiden'ts chioces for judicial appointments
partisanship (their policital background)
Orders a lower court to send the supreme court a record of the case for review.
writ of certiorari
The court will not issue a writ unless at least four justices approve it.
Rule of four
Factors contributing to supreme court case selection
1. conflicting lower court decisions
2. Lower court decisions conflicting with supreme court precedent
3. Case brought by Solicitor general
4. Important legal issue in need of clarification
5. personal perspectives of the justices
is a ruling handed down by a court with multiple judges in which the decision was made by the court acting as a whole, as opposed to statements made by individual judges. The literal meaning of this legal term is "by the court".
per curim
a policy making body that sets priorites for the federal judiciary.
Judicial conference
who is also the chair of the judicial conference
chief justice
is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case.
solicitor general
Also one of the factors that influence judicial decisions.
solicitor gerneral's opinion
The court opinion reflecting the verdict and legal reasoning of the majority of the justices
majority opinion
The opinions of justices who disagree with the majority verdict.
dissenting opinion (minority opinion)
An opinion issued by a member of the majority who agrees with the majority verdict, but who disagrees with the legal reasoning used by the majority
concurring opinion
we need an active powerful court that could strike down the action of the congress or president
are what judicial activists believe
court should be weaker than congress and president
judicial restraint
look to the letter of the law when they attempt to interpret the constitution or a particular statute
strict constructionism
try to determine the context and purpose of the law
broad constructionism
an issue that a court believes should be decided by teh executive or legislative branch
political question
we need an active powerful court that could strike down the action of the congress or president
judicial activism