Chapter 1 Flashcards
Jurisdiction
The official power to make legal decisions and judgments.
Original Jurisdiction
The power to hear a case for the first time
Appellate Jurisdiction
When a court has the power to review a lower court’s decision
Judicial Review
Review by the US Supreme Court of the constitutional validity of a legislative act
Constitutional Court
A high court that deals primarily with constitutional law (main authority is to rule on whether laws that are challenged are in fact unconstitutional)
Legislative Court
Article I Courts set up by Congress to review agency decisions, military courts-martial appeal courts, or administrative agencies and administrative law judges
Constitutional Powers of the Supreme Court
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
US District Courts
- Original Jurisdiction
- deals with federal crimes, civil suits between states and federal laws
- 91 court districts
US Court of Appeals
- Reviews decisions of district courts
- Reviews and enforces orders of regulatory commissions
- NO trials
US Supreme Court
- 9 judges appointed by the president and approved by the senate (judicial review)
- Ensures uniformity in interpretation of laws
- Takes big cases
US Court of Military appeals
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)
US Court of Claims
United States federal court that hears monetary claims against the U.S. government
US Tax Court
A specialized court of law that hears and adjudicates tax-related disputes and issues
US Court of International Trade
A U.S. federal court that provides judicial review of civil actions arising out of import transactions and federal laws concerning international trade matters
Judicial Restraint
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)
Conference (Judicial)
Created by Congress with the principal objective of framing policy guidelines for administration of judicial courts in the United States
Rule of Four
Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari
Writ of Certiorari
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
Brief (Judicial)
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
Amicus Curiae Brief
A brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it
Stare Decisios
A policy of following rules or principles laid down in previous judicial decisions
Selective Incorporation
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
Standing (Judicial)
The legal right to initiate a lawsuit
In Forma Pauperis
Allowing a poor person to bring suit without liability for the costs of the suit
Supreme Court Demographics
- 9 Judges
- Mostly white men, other genders and ethnicities were not represented
Supreme Court Nomination
-Most Presidents nominate individuals who broadly share their ideological views
Supreme Court Litmus Test
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
Grassroot Lobbying
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
Rating Candidates
Rating of a person who seeks an office
Senatorial Courtesy
A custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state
Judicial Activists
When judges deny legislators or the executive the power to do something unconstitutional
Class Action Suits
A lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group.
Solicitor General
The law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court
Statutory Construction
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)
Standing to Sue
A limit on the role of the judiciary and the law of Article III standing is built on the idea of separation of powers
Original Intent
A theory in law concerning constitutional and enacted interpretation
John Marshall
The fourth Chief Justice of the Supreme Court of the United States. His court opinions helped lay the basis for United States constitutional law
Warren Court
Refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice.
Burger Court
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
Rehnquist Court
US Supreme Court under Chief Justice William Rehnquist (1986-2005); a conservative court, but one that did not overturn most previous rulings
