Courts Flashcards
Burden of Proof
Criminal- Requires a higher burden. Need beyond a reasonable doubt
Civil- Requires less and is a preponderance of the evidence.
How does a case make it to the federal supreme court
Case must need appeal from the State supreme court. Federal court cases must fail at the Court of appeals.
Common Law
Judge made law, as opposed to a fully integrated legal code, developed over time as judges consider particular legal disputes and then future judges cite earlier decisions in resolving similar issues.
Judicial Restraint
The idea that courts should avoid policymaking and limit themselves to implementing legislative and executive intent
Co-Equal Branch
Judicial review is the basis of co-equal branch theory, which acknowledges the courts are no longer the “least dangerous branch” as suggested by Hamilton. Through judicial review, the power of the courts has increased substantially
Amicus Curiae Brief
An argument filed with the court by a party interested in a case but not directly involved in it as a contending party.
Original Jurisdiction
This is where the facts are established in original trials. If a case is under federal law the states cannot hear the case because the crime did not happen in the state. Trial courts in the federal system are called District Courts. There are 94 District Courts in the US
Court of Appeals
Thirteen courts that form the intermediate level of the federal judicial system and hear appeals of cases tried in the federal district courts. Appeals usually deal with questions of procedure and of the application of rules of law rather than of facts or interpretation of facts or questions of fairness, although questions of law and fact are sometimes difficult to disentangle
justiciability
The limits upon legal issues over which a court can exercise its judicial ability. It is important because it is what helps determine if a case is suitable for courts to hear or if it should be dismissed.
Precedent
A judicial decision that serves as a guide for deciding similar cases
Stare Decisis
Latin for “let the decision stand” It is defined as the judicial principle of relying on past decisions or precedents to devise rulings in later cases. The significance of this is that it helps with the development of the common law and helps different courts treat similar cases the same.
Appellate Jurisdiction
Substantive area in which a higher court may hear cases appealed from a lower court. Its significance is that it gives responsibility to oversee and review the decisions of the US courts of appeals, US district courts, special legislative courts, territorial courts, and state courts when a federal issue is in concern.
Judicial Review
Power of any federal court to hold any law or official act based on law to be unenforceable because it is in conflict with the constitution
Rule of Four
Four justices must approve a writ of certiorari before a case is heard in a higher court.
Judicial Activism
Active policymaking by courts, especially in sensitive cases such as desegregation and abortion.
