Government Institutions: Federal Courts Flashcards
1
Q
Jurisdiction
A
- def: the extent of power to make legal decisions and judgments
- significance: so all cases don’t go to the same place and so only certain cases are brought for further analysis
2
Q
Original Jurisdiction
A
- def: when the court has the power to hear the case for the first time
- significance: higher courts don’t have this
3
Q
Appellate Jurisdiction
A
- def: the court having the power to review a lower court’s decision
- significance: higher courts have this so they only look at cases that need to be looked at futher
4
Q
Judicial Review
A
- def: the principle where the Supreme Court declares an action by the Executive branch or a legislation by the Legislative Branch unconstitutional
- significance: part of the checks and balances that keep all three branches equal in power
5
Q
Constitution Court
A
- def: a high court that deals with cases that may have conflict with the US Constitution
- significance: reviews and interprets the constitution to be able to get a ruing for the cases presented
6
Q
Legislative Court
A
- def: a lower court created by Congress to address other needs
- significance: ensures that there are lower courts to deal with the more common less serious cases
7
Q
Constitutional Powers of the Supreme Court
A
- def: specific powers given to the Supreme Court by Article III of the US Constitution
- significance: these are the powers that the US Supreme Court has been given and cannot be denied
8
Q
US District Courts
A
- def: the lowest federal courts where federal cases begin (94 in the US)
- significance: these courts are the ones that all cases first enter into because of their original jurisdiction
9
Q
US Court of Appeals
A
- def: federal courts that have the power to review decisions made buy district courts. They have no original jurisdiction
- significance: these courts are here to review court cases from the district courts that are more severe and may need a further ruling
10
Q
US Supreme Court
A
- def: the highest court in the country
- significance: this court is the supreme law of the land and their decisions influence everyone on the national level
11
Q
US Court of Military Appeals
A
- def: a federal court that holds appellate jurisdiction dealing with cases that adhere to the Uniform Code of Military Justice
- significance: are there to fairly judge court cases dealing with the military and to separate them into their own category
12
Q
US Court of Claims
A
- def: was a federal court that heard claims against the US government. 1855-1982
- significance: was there to hear any complains from the people about the federal government in order to make any little fixes to the US government
13
Q
US Tax Court
A
- def: a legislative court that hears cases dealing with any tax issues
- significance: are there to deal with cases on taxes and to separate them into their own category
14
Q
US Court of International Trade
A
- def: a court that has nationwide jurisdiction over civil actions and customs dealing with the US international trade laws
- significance: there to oversee the cases dealing with the international trade laws and to separate them into their own category
15
Q
Judicial Restraint
A
- def: a theory of judicial interpretation that states that judges should withhold their power to only striking down things that are obviously unconstitutional
- significance: a way to interpret the Judiciary Branch’s power and it also influences the way similar cases will be looked at after
16
Q
Conference
A
- def: was used to determine policy guidelines for the administration of judicial courts in the US
- significance: almost like a meeting to organize what courts are needed and for what purpose where
17
Q
Rule of Four
A
- def: where four of the nine justices are needed to permit a writ of certiorari so the case can be reviewed by the Supreme Court
- significance: this ensures that not all cases make it to the Supreme Court and that the cases that do make it there are of high importance
18
Q
Writ of Certiorari
A
- def: where a higher appellate court decides to review a case at its own discretion from a lower court
- significance: so that court cases that are deemed important by the Supreme Court or any other high court can get reviewed by that court
19
Q
Brief
A
- def: a legal document made by an attorney to represent a party at court that usually entails facts on the case, law summaries, relative arguments and other relevant cases
- significance: needed when called to court
20
Q
Amicus Curiae Breif
A
Latin: “a friend of the court”
- def: interested groups or individuals who aren’t involved in the suit but may file legal briefs or or make oral arguments to support one side
- significance: great for the side that they are supporting and they may bring up things that you missed
21
Q
Stare Decisis
A
Latin: “let the decision stand”
- def: the practice of basing legal decisions on previous rulings of similar cases
- significance: makes sure cases remain consistent and it also makes it easier for the judges to make a decision to stick to tradition or decide that there is a needed change
22
Q
Selective Incorporation
A
- def: states cannot enact laws that take away constitutional rights given to the people via the bill of rights
- significance: makes sure that under federalism the national laws aren’t smothered by more local laws
23
Q
Standing
A
- def: a legal concept establishing who is entitled to bring a lawsuit into court
- significance: makes sure only cases that should be argued come o court and nothing ridiculous comes to court
24
Q
In Forma Pauperis
A
- def: a procedure where a poor person can file and be heard in court as a pauper, free of charge
- significance: ensures a fair ruling for everyone to be heard no matter how low their social standing
25
Supreme Court Demographics
* def: the diversity (race, ethnicity, religion, etc.) of the justices
* significance: ensures there is as little bias in the ruling and that there is a diverse background to justices so they can judge a diverse people
26
S. Court Noimnation
* def: where the President nominates a justice and the Senate will appoint
* significance: a process that ensures that the person chosen will have the nation's best interest at heart and that they are qualified
27
S. Court Litmus Test
* def: where the potential justices of the Supreme Court are given a test to see where they stand ideologically (more liberal or conservative or are fence-sitters)
* significance: makes sure that the justices aren't leaning in one direction so there is a fair representation in political standpoints and so that one party doesn't hold more favor in court rulings
28
Grassroots Lobbying
* def: the act of getting the general public to contact legislators about certain issues at hand instead of contacting the legislators directly
* significance: put pressure on the legislator and get the public involved in the issues that effect them directly or indirectly
29
Rating Candidates
* def: where candidates are rated based on how well they voted on certain things (interest groups)
* significance: lets the parties and interest groups see who will vote in their favor and if these candidates get into power how they will change politics
30
Senatorial Courtesy
* def: where the president appoints positions only of there is no objection from the senior senators from that state
* significance: ensures that the president can pick the people he wants to appoint without getting into a tough spot with Congress
31
Judicial Activicts
* def: a theory of judicial interpretation that states that judges should interpret the laws and uphold them in their decisions
* significance: a way to interpret the Judiciary Branch's power and it also influences the way similar cases will be looked at after
32
Class Action Suits
* def: where a group of people with a common injury file a suit together
* significance: displays that the issue at hand is dire and may make the case more probable at being heard
33
Solicitor General
* def: the person below the attorney general in the US Department of Justice who is responsible for arguing cases before the US Supreme Court
* significance: there o make sure that the Supreme Court gets all the necessary info they need to make a ruling
34
Statutory Construction
* def: the process where courts interpret a legislation then applying it
* significance: this may cause dispute between the judges and the legislators because the law may be interpreted differently and this also allows the law to be adjusted as society advances
35
Standing to Sue
* def: a Doctrine that determines whether or not the court will hear a particular federal lawsuit
* significance: ensures that there is actually a case worth hearing
36
Original Intent
* def: a theory in law concerning the constitutional and statutory interpretation
* significance: has the original interpretation on how the law is to be interpreted and may change over time
37
John Marshall
* the 4th Chief Justice of the US
* significance: heard the case Marbury v. Madison, legalizing the Supreme Court's ability to judge the constitutionality of the President and Congress
38
Warren Court
* def: the name the US Supreme Court was known by from 1953-1969 where Earl Warren was Chief Justice
* significance: played a significant role in advancing civil rights and individual liberties, was the epitome of judicial activism
39
Burger Court
* def: the name the US Supreme Court was known by when Warren E. Burger was Chief Justice
* significance: during this time the Justices practiced more judicial restraint and the justices tried to find a middle ground that made judicial activism the norm later on
40
Rehnquist Court
* def: the name the US Supreme Court was known by when William Rehnquist was Chief Justice
* significance: a court that left a conservative legacy dealt with the rights of the poor, boosted state's rights at the expense of federal power, etc.
