16 Flashcards
Precedent
precedent How similar cases have been decided in the past
Judicial implementation
How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions
Marbury v Madison
Marbury v. Madison The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789
Judicial review
The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. It was established by John Marshall and his associates in Marbury v. Madison
Judicial restraint
judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Judicial activism
judicial activism A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process
Political question
A doctrine developed by the federal courts and used as a means to avoid deciding in some cases, principally those involving conflicts between the president and Congress
Amicus Curiae brief
Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of formal parties. These briefs attempt to influence a court’s decision
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case
Appellate jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved
District courts
The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.
Courts of appeal
Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals in orders of many federal regulatory agencies
Senatorial courtesy
Unwritten tradition where nominations for state level federal judicial posts are not confirmed if they are opposed by a senator of the president’s party from the state in which the nominee will serve - applies to courts of appeal when there’s no opposition from the nominee’s state senator
Stare decisis
Latin for: “let the decision stand” - Most cases are settled on the principle in appellate courts
Class action suit
a case brought by someone to help him or her and all others who are similarly situated
Concurring opinion
a signed opinion in which one or more justices agree with the majority view but for different reasons
Dissenting opinion
a signed opinion in which one or more justices disagree with the majority view
District courts
district courts the lowest federal courts; federal trials can be held only here
Plaintiff
plaintiff the party that initiates a lawsuit
Writ of certiorari
an order by a higher court directing a lower court to send up a case for review
Solicitor general
A presidential appointee and the third-ranking office in the Department of Justice. They are in charge of the appellate court litigation of the federal government
Supreme Court
Pinnacle of American judicial system, courts ensure uniformity in interpreting national laws, resolve conflicts among states, and maintains national supremacy in law
Standing to sue
Requirement that plaintiffs have a serious interest in any case, depends on whether they have stains or are likely to sustain a direct in substantial injury from a party or action of government
United States versus Nixon
1974 case in which the Supreme Court unanimously how that the doctrine of executive privilege was not implicit in the Constitution
Rule of four
Supreme Court of the US practice that permits four of the nine justices to grant a writ of certiorari
Concurring opinion
an opinion that supports the majority decision, but also stresses a different constitutional/legal basis for the judgment
Oral argument
Occurs before the appeals court; both parties have a limited time, usually thirty minutes, to persuade the judge that their position is correct.
Original jurisdiction
the jurisdiction of courts that hear a case first,usually in a trial; the courts that determine the facts about a case
Litigant
noun
1.
a person involved in a lawsuit.
Litigate
verb
go to law; be a party to a lawsuit.
take (a claim or a dispute) to a court of law.
Remand
1.
place (a defendant) on bail or in custody, especially when a trial is adjourned.
“I had a seventeen-year-old son remanded to a drug-addiction program”
Reverse
LAW
revoke or annul (a judgment, sentence, or decree made by a lower court or authority).
“the court reversed his conviction”
Discretionary jurisdiction
….
Trial
.formal examination of evidence before a judge or jury
Trial court
….lowest tier of the trial court system in which the facts of a case are considered hear born civil and criminal matters
Warren court
..1953-1969
Activist court - faced civil rights movement
Appointed by president Eisenhower in 1954 Chief Justice earl warren
Please v ferguson
Rehnquist court
…:1986 William Rehnquist nations 17th Chief Justice, Sandra Day O’Connor, Anthony Kennedy,
-1992 Clinton
Burger court
.warren in 1969, president Nixon. Warren E. burger conservative.
roe v wade
United States v Nixon
Brown vs board of education
…. Doctrine of spectate but equal 1954
Common law
….based on legal concept of stare decisis or judicial precedent this law originated in England in the 12th century
Federal district court of appeals
…
Criminal law
Cases of that deal with contract issues and tort (wrongful act other than a breach of contrast) cases such as negligence and slander and define the legal right of individuals
Public law
Cases include the constitutional law, involving constitutional issues and administrative law, invoking disputes over the jurisdiction of public or administrative Agencies
