Chapter 8 Flashcards
What act established the structure of the federal court system and became the first bill ever introduced in the Senate?
Judiciary Act of 1789
Latin for “friend of the court”; refers to an individual or organization that is not a party to a legal case but submits information, expertise, or legal arguments to assist the court in its deliberation.
Amicus curiae
A long-standing tradition of the U.S. Supreme Court, wherein each Justice shakes hands with every other Justice before taking the bench for oral arguments or before beginning their private conferences.
“Conference handshake”
The high-ranking official within the Department of Justice tasked with representing the federal government before the Supreme Court; often referred to as the “Tenth Justice” due to their frequent appearances before the Court, determines which cases the government will appeal and argues on its behalf in those of significant constitutional or legal consequence.
Solicitor General
A judicial decision in which all Justices of the court fully agree on both the outcome and reasoning of the case, presenting a single, unified ruling without dissent.
Unanimous opinion
The official ruling of the court, representing the views of the majority of Justices; sets binding precedent and explains the legal reasoning behind the decision, guiding lower courts and future cases.
Majority opinion
Written by one or more Justices who agree with the majority’s decision but for different or additional reasons.
Concurring opinion
Authored by one or more Justices who disagree with the majority’s decision, outlining their reasons for opposition.
Dissenting opinion
The designated day on which the Supreme Court publicly announces and delivers its decisions on cases that have been argued before it. On this day, the Justices release their written opinions—majority, concurring, and dissenting—outlining the legal reasoning behind their rulings, which then become part of legal precedent.
Opinion Day
A philosophy of judicial interpretation wherein judges adhere closely to the text of the law and Constitution, deferring to precedent and the decisions of elected legislatures unless a clear constitutional violation exists.
Judicial restraint
The belief that judges should go beyond the “four corners of the Constitution” and use the Constitution to change societal behavior.
Judicial activism
Those courts which Congress has created by its authority under Article III.
Constitutional courts
The right of a court of law to hear and decide a case.
Juristiction
According to what amendment cannot a state be sued in federal court by its own citizens, by the citizens of another state, or by a foreign country?
11th Amendment
Special courts created by Congress to try or to handle appeals from specific cases arising from the powers granted to Congress.
Legislative courts
The chief decision makers of the federal judiciary.
Judges (justices, in the case of the Supreme Court)
The professional interest group that has the most influence on the President and his choice of a federal judge.
American Bar Association (ABA)
A legal case in which a plaintiff feels he has been wronged by a defendant and seeks to recover monetary compensation or equitable treatment.
Civil case
The person filing the lawsuit.
Plaintiff
The person named in the suit.
Defendant
A legal case in which the government is the plaintiff and seeks to bring some legal action against the defendant because he has wronged society by his behavior.
Criminal case
An official examination of available evidence in a court of law.
Trial
The most active of the federal judiciary courts; possesses original jurisdiction; most federal cases “originate” in this kind of court.
United States District Courts
A jury composed of 13 to 23 members who examine the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case.
Grand jury
A trial jury of 6 to 12 members that actually hears a case in court and decides whether the defendant is guilty or innocent.
Jury trial
A formal accusation presented against an individual by a grand jury to the court after the jury has considered evidence presented by the prosecutor and has found it sufficient for a trial.
Indictment
The decision of a jury to declare a defendant not guilty and set him free.
Acquittal
The decision of a trial jury.
Verdict
A jury that cannot agree upon a verdict.
“Hung” jury
Material presented as proof at a trial; can be either direct, circumstantial, or demonstrative.
Evidence
A set of standard which attorneys must follow that govern the admission of evidence into the court proceedings.
Rules of Evidence
The rule that evidence obtained illegally is not admissible in a court of law.
Exclusionary Rule
A request that a higher court review the case records and verdict of the lower court.
Appeal
Where do most of the appeals from the federal district courts go?
United States Courts of Appeals
The right of a court to review the ruling of a lower court.
Appellate jurisdiction
The lawyer’s written argument.
Brief
Past decision involving similar cases.
Precedents
The highest tribunal in the United States; has eight associate justices in addition to the chief justice.
Supreme Court
The right of a Court to declare a law, or action based upon that law, unconstitutional; this power gives the Supreme Court its most important tool in checking and balancing Congress and the President.
Judicial review
What chief justice asserted for the Court the right of judicial review in the Court case Marbury v. Madison?
John Marshall
A court order compelling a person to obey.
Writ of mandamus
A petition for the Supreme Court to hear a case.
Writ of certiorari
One who appeals a case to a higher court as a matter of legal right.
Appellant
The ability of the Supreme Court to decide whether it will hear a case or not.
Discretionary review
One who petitions a court to review the decision of a lower court.
Petitioner
Deliberately killing unborn children.
Elective abortions
What case legalized abortion and illustrated the philosophy of judicial activism?
Roe v. Wade
