chapter 15 Flashcards
district court
the 91 federal courts of original jurisdiction. they are the only federal counts in which trials are held and in which juries may be impaneled
circuit courts of appeals
appellate courts empowered to review all final decisions of district courts, except in rare cases. in addition, they also hear appeals to orders of many federal regulatory agencies.
supreme court
the pinnacle of the American judicial system. The court ensures uniformity in interpreting national laws, resolves conflict among states, and maintains national supremacy in law. it has both original and appellate jurisdiction
original jurisdiction
the jurisdiction of courts that hear a case first, usually in trial. these are the courts that determine the facts about a case
appellate jurisdiction
the jurisdiction of courts that hear cases brought to them on appeal from lower courts. these courts don’t review the factual record, only the legal issues involved.
rule of four
a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide
amicus curiae (friend of the court) briefs
legal briefs submitted by a “friend of the court” for the purpose of influencing a court’s decision by raising additional points of view and presenting information not contained in the briefs of the formal parties.
judicial review
the power of the courts to determine whether acts of Congress and those of the executive branch are in accord with the U.S. Constitution. Judicial review was established by Marbury v. Madison
federalist 78
Federalist Paper by Alexander Hamilton that argued that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency.
writ of certiorari
a request that the Supreme Court order a lower court to send up the record of the case for review.
judicial activism
an approach to decision-making in which judges sometimes make bold policy decisions, even charting new constitutional ground.
oral argument
a presentation of a case before a court by spoken word
statutory construction
the judicial interpretation of an act of Congress. in some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws.
precedent
how similar cases have been decided in the past
stare decisis
a Latin phrase meaning “let the decision stand.” most cases reaching appellate courts are settled on this principle
