exam #3 chapter 13 Flashcards
amicus curiae
literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case
brief
a written legal argument presented to a court by one of the parties in a case
common law (case law)
created through court decisions
– stare decisis (stand by things decided) principle
criminal law
a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions
judicial activism
judges allowing their personal or political views to guide decisions when rendering judgment on a case
judicial restraint
judges deferring to policy judgments of the elected branches of govt. (legislative and executive) and adhering to legal precedent (prior court decisions
a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government
oral arguments
normally one hour with lawyers for each side getting 30 minutes
– justices often interrupt attorneys with questions
– only part of the court’s work open to the public
precedent
The U.S. court system operates on the principle of stare decisis (Latin for “stand by things decided”). This means that
today’s decisions are based largely on rulings from the past and tomorrow’s rulings rely on what is decided today.
- Stare decisis is important in the U.S. common law system, in
which the consistency of precedent ensures greater certainty
and stability in law and constitutional interpretations.Precedent in the court’s operations, part 1
Solicitor General
is the lawyer who represents the federal
government before the Supreme Court.
- Most of the cases the solicitor general brings to the Court will be given a place on the docket; about two-thirds of these involve the
federal government
statutory law
Statutory law or statute law is written law passed by a body of legislature
District Courts
riginal jurisdiction (trial) courts
– currently 94 geographically based courts
Circuit Courts
the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
Supreme Court
- Original
– two or more states
– the U.S. and a state
– foreign ambassadors and other diplomats
– a state and a citizen of a different state - Appellate
– from lower federal appellate court
– from highest state appellate court
Supreme Court
- Original
– two or more states
– the U.S. and a state
– foreign ambassadors and other diplomats
– a state and a citizen of a different state - Appellate
– from lower federal appellate court
– from highest state appellate court
Supreme Court Justice qualifications
Justices must be at least 35 years old, a citizen of Texas, licensed to practice law in Texas and must have practiced law (or have been a lawyer and a judge of a court of record together) for at least ten years
majority opinion
an opinion of the Court with which more than half the nine justices agree
concurring opinion
an opinion written by a justice who disagrees with the majority opinion of the Court
dissenting opinion
an opinion written by a justice who disagrees with the majority opinion of the Court
appellate jurisdiction
the power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision
civil law
a non-criminal law defining private rights and remedies
conference
When oral arguments have been concluded, the justices have to decide the case, and they do so in conference, which is held in private twice a week when
the Court is in session.
* The chief justice speaks about the case and then each
justice speaks in turn, in descending order of seniority,
ending with the most recently appointed justice.
* The judges then take an initial final vote in private
before the official announcement of the decision is
made public.
docket
the list of cases pending on a court’s calendar
Once a case has been placed on the docket, briefs, or short arguments explaining each party’s view of the case, must be submitted
judicial review
the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional
“murder boards”
a rigorous questioning session by a group of more experienced petty officers (crows, or a murder) in order to prepare them for a further oral examination conducted by higher ranked military personnel in order to attain professional qualification or some other purpose
original jurisdiction
the power of a court to hear a case for the first time
Rule of Four
Four of the nine judges must vote to accept a case
stare decisis
his means that today’s decisions are based largely on rulings from the past
and tomorrow’s rulings rely on what is decided today
“to bork”
to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism or vilification
