Chapter 10 The Judiciary Flashcards
Power of the courtws to reveiw acts of other branches of government and the states
judicial reveiw
Legislative act that established the basic three-tiered structure of the federal court system
Judiciary Act of 1789
Case in whihc the supreme court first asserted the power of judicial reveiw by finding that congressional stature extending the Court’s original jurisdiction was unconstitutional.
Marbury v. Madison (1803)
Court of original jurisdiction where cases begin.
trial court
Court that generally reveiws only findings of law made by lower courts.
appellate court
Authority vested in a particualr court to hear and decide the issue in a particular case
jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case
original jurisdiction
The power vested in particular courts to reveiw and/or revise the decision of a lower court
appellate jurisdiction
Codes of behiavior related to the protection of property and individual safety
criminal law
Codes of behavior related to the conduct and relationships between individuals or groups
civil law
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.
constitutional courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
legislative courts
A document containing legal written arguments in a case filed with a court by a party prior to a hearing or trial
brief
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
precedent
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
stare decisions
Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs
senatorial courtesy
A request for the Supreme Court to order up the records from a lower court to reveiw the case
writ of certiorari
At least four justices of the Supreme Court must vote to consider a case before it can be heard
Rule of Four
The fourth-ranking member of the Department of Justice; responsible for handling nearly all apeals on behalf of the US government to the Supreme Court
solicitor general
“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court
amicus curiae
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.
judicial restraint
A philosop of judicial decision making that posits judges should ues their power broadly to further justice.
judicial activism
An approach to constitutional interpretation that emphasizes interpreting the constitution as it was written and intended by the Framers
strict constuctionist
