Chapter 14 Flashcards
Judiciary Branch
Adversarial system
A judicial system in which the court of law is a neutral arena where 2 parties argue their differences
Appellate jurisdiction
The authority of a court to review decisions made by lower courts
Circuit courts of appeals
Courts with appelate jurisdiction that hear appeals from decisions of lower courts
Civil law
A law that governs relatioships between individuals
Criminal law
A law that defines crimes against public order
Concurring opinion
An opinion that agrees with with majority in a supreme court but differs on reasoning
Docket
List of potential cases that reach supreme court
In forma pauperis
A petition that allows a party to file “as a pauper” and avoid court fees
Solictor General
3rd ranking official in dep. of justice
Standing
In order to bring a case to cout someone must have suffered harm in some way
Original jurisdiction
the authority a court has to hear and decide a case without any appellate review
Judicial restraint
Judges strike down actions of the elected branches only if they clearly violate the constitution
Stare decisis
The rule of precedent
Writ of Certiorari
Formal writ used to bring the case before the SUPREME COURT
Law clerks
students who are picked to recodmend cases for justicies
Cheif justice
head of fed judiciary, a judge that guides the debate
cert pool
law clerks divide up cases and recommend them to justicies
rule of four
at least 4 judges have to agree to hear a case
judicial activism
proposes that judges should strike down laws that are in consistent with norms and values
Disenting opinion
a opinion disagreeing with the majority in a supreme court ruling
Majority opinion
an opinion that explains the reasoning of a majority of justices on a court.
litmus test
test on a judge on an opinion about a political or moral issue
precedent
a decision made on the higher courts that has to be followed by lower/federal courts
writ of habeas corpus
a court ordering requiring explanation to a judge why a prisoner is being held in custody
judges have to be check by?
senate
what is fed 78? (summary)
Life time appointments for judges are necessary to keep them independent and unrilent on popular will, the power of judicial review balances and checks the legislative
