Chapter 6 Vocab Flashcards
Federalist 78
argues judicial review pretty much
common law
a collection of judge-made laws that developed over centuries and is based on decisions made by previous judges.
Precedence
The practice of deciding new cases with reference to former decisions
stare decisis
When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision.
original jurisdiction
the Supreme Court is the first, and only, Court to hear a case.
Appellate jurisdiction
cases that can only be appealed to the Supreme Court after first being heard in a lower court
writ of mandamus
an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
district courts
trial courts of original jurisdiction; they hear no appeals, and they are the only federal courts in which trials are held and juries may sit.
courts of appeal
have appellate jurisdiction only; no cases go to them first, they review any final decisions of district courts
plaintiff
the person bringing the charges in court
defendant
the person being charged in court
class action suits
permit a small number of people to represent all other people similarly situated. (ex: BROWN v Board of Education
solicitor general
a person who represents the government to the Supreme Court; a defense lawyer to the government
Jury
a group of citizens (usually twelve) is responsible for determining the innocence or guilt of the accused
dual court system
one federal, and one state. The Constitution gives certain kinds of cases to federal courts, and by implication leaves all the rest to state courts.
federal-question cases
federal courts hear cases “arising under the Constitution, the law of the United States, and treaties”
diversity cases
the Federal court’s jurisdiction over cases involving a controversy between citizens of different States or between citizens of a State and of a foreign nation.
dual sovereignty
state and federal authorities may prosecute the same person for the same conduct under both state and federal law
senatorial courtesy
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state
senate confirmation
The Senate has the sole power to confirm those of the President’s appointments that require consent, and to provide advice and consent to ratify treaties.
Litmus Test
a test of ideological purity for candidates before they may be nominated and/or confirmed to the Supreme Court
habeas corpus
a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment.
Amicus curiae
“friends of the court”; individuals, organizations, or government agencies that have an interest in the case and a point of view to express
Judicial implementation
the translation of court decisions into actual policy that affects the behavior of others
