Chapter 10 Study Guide Flashcards
Appellate Courts
Court that takes appeals cases
Jurisdiction
Responsibility of a court to hear a case and decide the decision
Appellate Jurisdiction
Hearing cases on appeals when someone was tried for something that violated one of your other civil rights
Civil Law
Contract law; disagreement between two parties
Brief
Written statement with evidence and reasoning for your side
Stare Decisis
Let the decision stand; used in common law cases; won’t take case because the decision is already made
Strict Constructionist (Original Intent)
Interpreting the constitution for how it is when it was written; restricts judicial interpretation
Writ of Certiorari
To be made certain; parties issue this when they petition to have their cases heard in court
Solicitor General
Represents the US Supreme Court and decides which cases the federal government will hear
Judicial Activism
Philosophy that believes courts should take an active role in shaping public policy and solving current issues
Judicial Implementation
Rely on other branches to enforce the legislation regarding their cases
Dissenting Opinion
Side that loses in a case
Injunction
Stops you from doing something resulting from a civil case ruling
Writ of Habeas Corpus
Can’t throw people in jail without reasonable cause
Liberal Construction
Allow for extensive judicial activism; loose interpretation of constitution
Diversity of Citizenship Cases
When the two parties involved are from different states or countries
In forma pauperis
In the form of a pauper; fines lifted because someone doesn’t have enough money to pay back the civil court
Marbury vs. Madison
Solidify judicial review, establish supremacy clause
Trial Courts
Deals with both civil and criminal cases; any court that hears a trial
Original Jurisdiction
Court that will hear your case first at the district court level; power to hear a case for the first time
Criminal Law
Protect against violations of criminal codes and dangers in society
Class Action Lawsuit
Smaller group of people sue a larger company for something that affected a larger group of people
Precedents
Decision from one case could influence or reverse the decisions from a future case
Senatorial Courtesy
Refer to the states to ask who should take a position in court
Amicus Curiae Briefs
Friend of the court; submitting additional information outside of already submitted briefs to sway the court one way or another
Rule of Four
At least four federal judges to her a case
Oral Arguments
Lasts for thirty minutes; each party argues their side to the jury
Judicial Restraint
Philosophy saying that the courts should allow other branches of government to solve current political issues
Majority Opinion
More than half of federal judges vote in favor of one side
Concurring Opinion
Judges agree with one side but for different reasons
Remand
Send a cause back down to a lower court
Writ of Mandamus
Result of criminal law making you do something in response to a crime
Political Questions
Courts won’t hear a case because issue is too divisive in society and other branches of government
Attorney General
Serves as head of Justice Department
Judicial Review
Cements the courts authority to interpret the law through cases
