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
Q
Supreme Court Demographics
A
- 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
Q
S. Court Noimnation
A
- 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
Q
S. Court Litmus Test
A
- 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
Q
Grassroots Lobbying
A
- 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
Q
Rating Candidates
A
- 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
Q
Senatorial Courtesy
A
- 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
Q
Judicial Activicts
A
- 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
Q
Class Action Suits
A
- 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
Q
Solicitor General
A
- 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
Q
Statutory Construction
A
- 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
Q
Standing to Sue
A
- 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
Q
Original Intent
A
- 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
Q
John Marshall
A
- 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
Q
Warren Court
A
- 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
Q
Burger Court
A
- 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
Q
Rehnquist Court
A
- 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.
