Chapter 14 Flashcards
The power to declare congressional (and presidential) acts invalid because they violate the Constitution
Judicial review
Court cases involving a crime, or violation of public order
Criminal cases
Court cases that involve a private dispute arising from such matters as accident, contractual obligations, and divorce
Civil cases
A defendant’s admission of guilt in exchange for a less severe punishment
Plea bargain
Legal precedents derived from previous judicial decisions
Common, or judge-made law
Courts within the lowest tier of the three – tiered federal court system; courts were litigation begins
US District Courts
Courts within the second tier of the three – tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review
U.S. courts of appeals
A judicial ruling that serves as the basis for the ruling in a subsequent case
Precedent
Literally, “let the decision stand”; decision making according to precedent
Stare decisis
The authority of a court to hear a case before any other court does
Original jurisdiction
The authority of a court to hear cases that have been tried, decided, or reexamined in other courts
Appellate jurisdiction
An issue covered by the US Constitution, national laws, or US treaties
Federal question
A court’s agenda
Docket
An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the US Supreme Court
Rule of four
The third highest official of the US Department of Justice, and the one who represents the national government before the Supreme Court
Solicitor general
A brief filed (with the permission of the court) by an individual or group that is not a party to a legal action but has an interest in it
Amicus curiae brief
A judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decisions
Judicial restraint
A judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions
Judicial activism
The judicial decision in a court case
Judgment
The heart of a judicial opinion; its logical content separated from fact, rhetoric, and procedure
Argument
The agreement of a judge with the court’s majority decision, for a reason other than the majority reason
Concurrence
The disagreement of a judge with a majority decision
Dissent
A norm under which a nomination must be acceptable to the home state senator from the president’s party
Senatorial courtesy
A procedure by which similarly situated litigants may be heard in a single lawsuit
Class action
