Chapter 14- The National Judiciary Flashcards
Jurisdiction
The authority of the courts to hear and decide issues in certain cases.
Original jurisdiction
Court hears and decides a case for the first time.
Appellate jurisdiction
Gives the court authority to hear cases on appeal from the lower courts.
Concurrent jurisdiction
The authority to hear cases is shared by federal and state courts.
Constitutional courts
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, and specialized courts such as the U.S. Court of International Trade.
District courts
Lowest level of federal courts, where federal cases begin and trials are held.
Court of Appeals
Federal courts that review decisions of federal district courts, regulatory commissions, and other federal courts.
Legislative courts
Courts created by Congress for specialized purposes with a narrow range of authority.
Senatorial courtesy
The practice of allowing senators from the president’s party who represent the state where a judicial district is located, to approve or disapprove potential nominees for the lower federal courts.
Rule of four
Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case.
Brief orders
The returning of a case to a lower court because a similar case was recently decided.
Writ of certiorari
Order by the court directing a lower court to send up the records of a case for review.
Certificate
A lower court asked the Supreme Court about a rule of law or procedure.
Brief
Legal document submitted to the court setting forth the facts of a case and supporting a particular position.
Amicus curiae briefs
Friend of the court; interested groups may be invited to file legal briefs supporting or rejecting arguments of the case.
Majority opinion
The majority of justices agree on the decision and the reasons for the decision.
Concurring opinion
Justice or justices who agree with the majority’s opinion but not with the reason behind the decision.
Dissenting opinion
Justice or justices who disagree with the majority opinion.
Precedents
Standards or guides based on prior decisions that serve as a rule for settling similar disputes.
Executive privilege
The right of the president to withhold information from Congress or refuse to testify; limited by the Supreme Court in U.S. v. Nixon.
Judicial activism
The Court should play an active role on determining national policies.
Judicial restraint
Holds that the Court should avoid taking the initiative on social and political questions, operating strictly within the limits of the Constitution.
Strict constructionist
The view that justices should base decisions on a narrow interpretation of the Constitution.
Loose constructionist
The belief that justices should have freedom in interpreting the Constitution.
