Chapter 9 Flashcards
Original jurisdiction
The jurisdiction of courts that hear a case first usually in a trial, these courts determine the facts of a case
Jurisdiction
Authority vested in a particular court to hear and decide issues in a particular case
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
Judiciary act of 1789
Legislative act that established the basic three tiered structure of the federal court system
Judicial Review
Power of the courts to review acts of other branches of government and the states
Marberry versus Madison 1803
Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statue extending the courts original jurisdiction was unconstitutional
Trial court
Court of original jurisdiction where cases begin
Appellate court
Court that generally reviews only findings of law made by lower courts
Constitutional courts
Federal court specifically created by the US Constitution or by Congress pursuant to its authority in article 3
Legislative courts
Courts established by Congress for specialized purposes such as the court of appeals for veterans claims
Brief
A document containing the legal written arguments in a case filed with the court by a party prior to a hearing or trial
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
Senatorial courtesy
A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to blocking a nomination by simply registering their objection
Rule of four
At least for justices of the Supreme Court must vote to consider a case before it can be heard
Solicitor general
The fourth ranking member of the department of justice responsible for handling nearly all appeals on behalf of the US government to the Supreme Court
Amicus curiae
“friend of the court”; amici May file briefs or even appear to argue their interest or early before the court
Judicial restraint
A philosophy of judicial decision making that posits courts should allow decisions of other branches of government to stand even when they often a judges own principles
Judicial activism
A philosophy of judicial decision-making that posits judges should use their power probably to further justice
Strict constructionist
An approach to constitutional interpretation that emphasizes interpreting the constitution as it was originally written and intended by the framers
Judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
