Chapter 1 Flashcards

1
Q

Jurisdiction

A

The official power to make legal decisions and judgments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Original Jurisdiction

A

The power to hear a case for the first time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Appellate Jurisdiction

A

When a court has the power to review a lower court’s decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Judicial Review

A

Review by the US Supreme Court of the constitutional validity of a legislative act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Constitutional Court

A

A high court that deals primarily with constitutional law (main authority is to rule on whether laws that are challenged are in fact unconstitutional)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Legislative Court

A

Article I Courts set up by Congress to review agency decisions, military courts-martial appeal courts, or administrative agencies and administrative law judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Constitutional Powers of the Supreme Court

A

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

US District Courts

A
  • Original Jurisdiction
  • deals with federal crimes, civil suits between states and federal laws
  • 91 court districts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

US Court of Appeals

A
  • Reviews decisions of district courts
  • Reviews and enforces orders of regulatory commissions
  • NO trials
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

US Supreme Court

A
  • 9 judges appointed by the president and approved by the senate (judicial review)
  • Ensures uniformity in interpretation of laws
  • Takes big cases
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

US Court of Military appeals

A

Exercises world-wide appellate jurisdiction over court-martial cases involving U.S. military personnel (ex: constitutional law, criminal law, evidence, administrative law, and national security law)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

US Court of Claims

A

United States federal court that hears monetary claims against the U.S. government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

US Tax Court

A

A specialized court of law that hears and adjudicates tax-related disputes and issues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

US Court of International Trade

A

A U.S. federal court that provides judicial review of civil actions arising out of import transactions and federal laws concerning international trade matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Judicial Restraint

A

A theory of judicial interpretation that encourages judges to limit the exercise of their own power. (judges should not strike down laws unless they are obviously unconstitutional)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Conference (Judicial)

A

Created by Congress with the principal objective of framing policy guidelines for administration of judicial courts in the United States

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Rule of Four

A

Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari

18
Q

Writ of Certiorari

A

The order of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision

19
Q

Brief (Judicial)

A

A written legal document used in various legal systems that is presented to a court arguing why one party to a particular case should prevail

20
Q

Amicus Curiae Brief

A

A brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it

21
Q

Stare Decisios

A

A policy of following rules or principles laid down in previous judicial decisions

22
Q

Selective Incorporation

A

A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are in the Bill of Rights

23
Q

Standing (Judicial)

A

The legal right to initiate a lawsuit

24
Q

In Forma Pauperis

A

Allowing a poor person to bring suit without liability for the costs of the suit

25
Q

Supreme Court Demographics

A
  • 9 Judges

- Mostly white men, other genders and ethnicities were not represented

26
Q

Supreme Court Nomination

A

-Most Presidents nominate individuals who broadly share their ideological views

27
Q

Supreme Court Litmus Test

A

A question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination

28
Q

Grassroot Lobbying

A

The act of asking the general public to contact legislators and government officials concerning the issue at hand, as opposed to conveying the message to the legislators directly

29
Q

Rating Candidates

A

Rating of a person who seeks an office

30
Q

Senatorial Courtesy

A

A custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state

31
Q

Judicial Activists

A

When judges deny legislators or the executive the power to do something unconstitutional

32
Q

Class Action Suits

A

A lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group.

33
Q

Solicitor General

A

The law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court

34
Q

Statutory Construction

A

The process of determining what a particular statute means so that a court may apply it accurately (a written law passed by a legislative body)

35
Q

Standing to Sue

A

A limit on the role of the judiciary and the law of Article III standing is built on the idea of separation of powers

36
Q

Original Intent

A

A theory in law concerning constitutional and enacted interpretation

37
Q

John Marshall

A

The fourth Chief Justice of the Supreme Court of the United States. His court opinions helped lay the basis for United States constitutional law

38
Q

Warren Court

A

Refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice.

39
Q

Burger Court

A

The US supreme court under Chief Justice Warren Burger (1969- 1986) maintained most of the rights expanded by its predecessor and issued important rulings on abortion and sexual discrimination

40
Q

Rehnquist Court

A

US Supreme Court under Chief Justice William Rehnquist (1986-2005); a conservative court, but one that did not overturn most previous rulings