Chapter 16 Judiciary Flashcards
judicial restraint approach
the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution
activist approach
the view that judges should discern the general principles underlying laws of the const. & apply them to modern circumstances
constitutional court
a federal court authorized by article 3 that keeps judges in office during good behavior and prevents their salaries from being reduced. they are the supreme, appelate & district courts created by Congress
district courts
the lowest federal courts; federal trials can be held only here
courts of appeal
federal courts that hear appeals from district courts; no trials
legislative courts
courts created by congress for specialized purposes whose judges do not enjoy protections of article 3
litmus test
an examination of the political idology of a nominated judge
federal-question cases
cases concerning the constitution, federal laws or treaties
diversity cases
cases involving citizens of different states who can bring suit in federal courts
writ of certiorari
an order by a higher court directing a lower court to send up a case for review
in forma pauperis
a menthod whereby a poor person can have his case heard in federal court without charge
fee shifting
a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
plantiff
the party that initiates a lawsuit
standing
a legal rule stating who is authorized to start a lawsuit
class-action suit
a case brought by someone to help him or her and all others who are similarly situated
brief
a written statement by an attorney that summarizes a case and the laws and ruling that support it
amicus curiae
a brief submitted by a “friend of the court”
per curiam opinion
a brief, unsigned court opinion
opinion of the court
a signed opinion of a majority of the Supreme Court
concurring opinion
a signed opinion in which one or more members agree with the majority view but for different reasons
dissenting opinion
a signed opinion in which one or more justices disagree with the majority view
stare decisis
“let the decision stand” or allowing prior rulings to control the current case
political question
an issue the supreme court will allow the executive and legislative branches decide
remedy
a judicial order enforcing a right or redressing a wrong
Judiciary Act of 1789
established the federal court system by dividing the country into federal judicial districts, creating district courts & courts of appeal(circuit courts), 3 tear system. 6 JUSTICES
Judiciary Act of 1869
set number of justices at 9, relieved circuit riding burden, created new circuit judgeships
Judiciary Act of 1891
no more circuit riding, “created” court of appeals, greatly reduced SCOTUS workload
Judiciary Act of 1925
gave SCOTUS discretion when granting “cert”, “rule of 4”:all it takes is 4/9 to hear a case
precedent
a ruling that sets guidelines for future similar cases
original jurisdiction
first time a case is heard, establishes facts of case/determines innocence or guilt
appellate jurisdiction
higher court that reviews trial court decisions, does NOT retry case, only determines it
State Supreme Court
deal with state laws; 3 levels: trial, appellate, state supreme(final appeal). cases may be appealed to the SCOTUS if a federal or constitutional issue is involved
Federal court
has original jurisdiction over federal issues; 3 levels: trial, appellate & supreme
district court
94 across the country (CA has 4); original jurisdicition over federal cases; territory courts also have original jurisdiction over local cases
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. (distict level)
appellate jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.
majority opinion
a statement that presents the views of the majority of Supreme Court justices regarding a case. “winning” decision, sets precedent
solicitor general
4th ranking justice dept.official. “tenth justice” supervises & conducts govt litigation in the SCOTUS, determines the legal position that the US will take in the SCOTUS. files amicus curiae briefs in cases in which the fed govt has a significant interest, determines which cases the govt will appeal
judicial activism
the tendency of judges to interpret the Const according to their only views, actively involved in strong belief in judicial review
judicial restraint
legislative and exectuive branches set policy and only get involved if that policy is a flagrant violation of the const.
writ of Mandamus
written order from a court to a governmant official , demading the performance of some public duty
writ of Injunction
court orders that forbid a particular action
writ of habeus corpus
a court order that requires police to bring a prisoner to court to explain why they are holding the person
trial court
the first court to hear a criminal or civil case
civil law
A law that governs relationships between individuals and defines their legal rights.
criminal law
the body of law dealing with crimes and their punishment
bloc voting
A pattern of voting behavior of two or more justices. liberal bloc & cons. bloc..no longer reflects makeup of framers
swing vote
a vote that decides the result of an election - kennedy now
Superior Court
The principal trial court of the state; a court of unlimited monetary and subject matter jurisdiction, and an appeal court for decisions of municipal courts and small claims courts.
De novo
anew; from the beginning; the case is tried in the appellate court as if it had not been tried previously and witnesses are allowed to testify
judicial review
the power of courts to declare laws unconstitutional
