Chapter 7: The Courts and Judiciary Flashcards
Judicial Review
A doctrine that ensures checks and balances by allowing courts to review the actions of the executive and legislative branches of govt.
Strict Interpretation
Typically deciphers the words of the constitution as literal, discounting the current context socially, historically, or technologically, and focusing on the plain language contained in the document and how to apply the literal meaning
Separate-but-equal doctrine
the concept that black and white individuals could legally be separated under the constitution given that the facilities and services were comparable in quality for each race.
Dual Court System
US court structure wherein the federal government has a court system and procedures distinct from the states
Writ of Certiorari
Used by appellate courts that have discretion to review a lower courts opinion.
The writ is an order to send all the documents of a case to be reviewed.
Jurisdiction
- The extent of a particular court’s power to make legal decisions and judgement
- Federal courts will not hear cases involving state laws, unless the laws conflict or there is an appeal
- Jurisdiction varies according to the type of case and action
Judiciary Act f 1789
Although the Constitution allows a supreme court congress established the federal court system and specified jurisdictions.
En Banc
A case heard by all judges of the court, or the full court. Cases are typically heard en banc when a significant issue is presented or if both parties request if the court agrees
Court of Last Resort
The final court with appellate authority in given court system. In the United States at the federal level, the Supreme Court is the court of last resort.
Pro se
Latin for ‘for himself’ meaning self-representation in legal proceedings without the aid of a legal representative.
Indictment
A formal accusation that an individual has committed an act punishable by law, typically presented by a grand jury.
Information
A formal charge against an individual suspected of committing a crime, typically presented by an authorized public official, such as a prosecutor. The purpose is to inform the accused of the charges so a defense may be prepared.
Specialized Courts
Also called problem-solving courts, they work with particular types of offenses and offenders.
Alternative Dispute Resolution
An approach to settle cases using a variety of methods to assist the disputing parties in finding a solution without relying on costly litigation
Double Jeopardy
Constitutional protection under the 5th amendment that prevents the accused from facing charges or trial by the same sovereign after an acquittal or conviction for the same offense.
