Ch 9: The Judiciary Flashcards
jurisdiction
the ability to hear a case
original jurisdiction
the ability to hear a case first
appellate jurisdiction
the ability to hear an appealed case
Judiciary Act of 1789
established 3 court system
judicial review
the power of the courts to overlook actions by other branches of the government
Marbury v. Madison (1803)
established judicial review
trial court
lowest level of National court system-original jurisdiction only
appellate court
second level of National court system-appellate jurisdiction only
constitutional courts
courts specifically created by the constitution through Article III
legislative courts
courts established by Congress for specialized cases
brief
a document submitted to the court by either side in a case prior to the hearing or trial
precedent
an unwritten law established by the Court through judicial decisions
stare decisis
lower court rulings hold
senatorial courtesy
the president allowing senators to voice their opinion of a candidate for judgeship before he is nominated
writ of certorari
a Supreme Court document saying they will hear a case and all documents must be submitted to them
Rule of Four
four SC justices must agree to hear a case before it can be heard on the Supreme Court
solicitor general
attorney for the US in Supreme Court cases involving the US
amicus curiae
a friend of the court brief, a document submitted from a third party, namely an interest group, trying to persuade the court to rule one way or another
judicial restraint
making rulings according to the law
judicial activism
making decisions based on personal beliefs
strict constructionist
interpreting the Constitution as it was originally written
judicial implementation
how judicial decisions are implemented into public policies
