Ch 8 - The Judicial Branch Flashcards
Constitutional courts
Those which congress has created by its authority under article 3
First bill introduced in senate
Judiciary act of 1789
Jurisdiction
The right of a court to hear and decide a case
3 areas where constitutional courts have jurisdiction
1) the constitution
2) federal laws and treaties
3) admiralty and maritime matters
5 parties over whom federal courts have jurisdiction
1) ambassadors and foreign consuls
2) the United States
3) a controversy between two states
4) a controversy between two citizens of different states
5) a controversy between a state or citizen and a foreign government
Legislative court
Created by congress to handle appeals from specific cases arising from the powers granted to Congress
Chief decision makers of the federal judiciary
Judges
Professional interest group that has the most influence on the President
American Bar Association
American Bar Association
Established in 1878 as a voluntary association of lawyers, judges, and teachers to foster high standards of jurisprudence
Plaintiff
The one filing the lawsuit
Defendant
The person named in the suit
Civil case
Plaintiff feels he has been wronged by the defendant and is seeking to recover compensation from him (usually financial)
Criminal case
Government is plaintiff and brings legal action against defendant because he has wronged society with his behavior
Trial
An official examination in a court of law
The most active if the federal judiciary courts
The United States District Courts
Grand jury
Examines the evidence to determine whether there is sufficient evidence to try a case
Indictment
A formal accusation against the accused
Acquittal
Sets the accused free immediately because the grand jury has decide there is not enough evidence to try the case
Trial/petit jury
Heard the case in court
Rules of evidence
Standards governing the admission of evidence into federal court proceedings
Evidence
Material presented as proof at a trial
Direct evidence
Evidence given by someone who witnessed the crime
Circumstantial evidence
Conclusions deduced from facts about a case
Demonstrative evidence
Objects that relate to a case
Exclusionary rule
Evidence obtained illegally is not admissible in a court of law
Appeal
A request that a higher court review the case records and verdict of a lower court
Appellate jurisdiction
The right of a court to review the ruling of a lower court
Brief
Lawyers written argument
Precedents
Past decisions involving similar cases
Judicial review
The right of the court to declare a law or action based upon that law unconstitutional
Marbury v. Madison
Asserted for the court the right of judicial review
Writ of certiorari
A petition that a court hear an appeal of a case
Discretionary review
Power to decide whether or not it will hear a case
Th Courts most important tool in checking and balancing the other branches
Judicial review
Amicus curiae
Briefs written by people who are not parties in a case but still have an interest in the cases outcome
Solicitor general
Represents the United States before the Supreme Court
Unanimous opinion
Issued when all judges agree on a case
Majority opinion
If the court is split
Concurring opinion
Justice votes with majority but wants to explain his reasoning
Dissenting opinion
Explains reasons for disagreeing with the majority
Final stage of supreme courts decision process
Opinion day
Judicial restraint
Interpreting and applying the constitution as it is written and as the Framers understood it
Judicial activism
The belief that judges should use the constitution to change societal behavior
Court that adopted judicial activism
Warren court
