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30 Cards in this Set
- Front
- Back
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appellate jurisdiction |
the power of the court to review decisions and change outcomes of those decisions of lower courts. |
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concurring opinion |
a written opinion written by one or more judges of a court which agrees with the decision that is made by the majority of the court but states different(or additional) reasons as the basis of his or her decision. |
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decision |
a conclusion or resolution after consideration |
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dissenting opinion |
an opinion in a legal case that is written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgement |
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facts(of a court case) |
an actual thing, or happening. which must be proved by a trial by presentation of evidence and which is evaluated by the finder of fact( jury in a jury trial, or by judge if he or she sits without a jury) |
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judicial activism |
refers to judicial rulings suspected of being based on personal or political considerations rather than one existing law. Used as judicial restraint. |
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judicial restraint |
theory of judicial interpretation that encourages judges to limit the exercise of their own power. it asserts that judges should hesitate to strike down laws unless they are absolutely and obviously unconstitutional. |
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judicial review |
reviewed by the US supreme court of the constitutional validity of a legislative act |
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jurisdiction of a court |
the authority given by law to a court to try cases and rule on legal matters in a geographical area and or certain types of cases |
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living constitution theory |
the claim that the constitution has a dynamic meaning or that it has properties of an animate being in the sense that it changes |
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majority opinion |
a judicial opinion that was agreed upon by more than half of the members of court; it sets the forth the decision of the court and an explanation of rationale behind the court's decision |
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opinion of a court |
the prevailing view |
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original jurisdiction |
the authority of the court to hold trial, as distinguished from appellate jurisdiction to hear appeals from trial judgements |
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originalism theory |
the method of interpreting the constitution that emphasizes the meaning of its words at the time they were written |
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plurality opinion |
a court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision; the legal position held by most of the justices on the winning side |
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precedent |
a judicial decision that serves as a rule for settling subsequent cases of similar nature |
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writ of certiorari |
Permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; when such a writ is requested of the U.S. Supreme Court, four of the Court's nine justices must agree to accept the case before it is granted certiorari. |
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justices |
a judge or magistrate; works in the supreme court |
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associate justices |
are the other members of the supreme court other than the chief justice. there are 8 of them; 9 altogether |
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chief justice |
(the title) of preceding judge in a supreme court |
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article III |
creates the judicial branch; separated into three parts: -section 1: says that fed system has to have one supreme court -section 2:talks about powers in judicial branch and who gets them section 3: talks about treason |
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U.S. Courts of Appeal |
courts that can handle appeals from lower courts |
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appointment of justices |
appointed by the president; they work as a justice until death, impeachment, or voluntarily resign |
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stare decisis |
the legal principle of determining points in litigation according to precedent |
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amicus curiae brief |
Latin for "friend of the court." Frequently, a person or group who is not a party to a lawsuit, but has a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the court's decision. |
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district court |
state or district court |
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How federalism influences the judiciary |
federalism limits the government and is divided into two sets of power-the nation and state government- it influenced the nation to have different sets of courts so that way it would help solve issues in society in separate areas |
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percentage of cases decided in the state court system |
95 |
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requirement of actual controversy for court to hear cases |
the complaining party must have suffered a "concrete and particularized injury" that can be redressed through court action. |
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role of facts of the case |
to aid in decision making |
