government institutions: federal courts Flashcards
jurisdiction
to have authority over something in a hearing *significance* - limits the power of a court to hear certain cases.
original jurisdiction
the power to hear a case for the first time, *significance* - limited to a narrow but important range of cases.
appellate jurisdiction
the power of a court to hear appeals from lower courts *significance* - a superior court has to bear appeals of causes which have been tried in inferior courts.
judicial review
a court’s authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles *significance* - power of courts of law to review the actions of the executive and legislative branches
constitutional court
a high court that deals primarily with constitutional law. *significance* - rule on whether laws that are challenged are in fact unconstitutional, i.e., whether they conflict with constitutionally established rights and freedoms.
legislative court
courts created by legislature, other than courts created by constitution *significance* - review agency decisions, military courts-martial appeal courts, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies and administrative law judges
constitutional powers of the supreme court
Article III, Section I states that “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
US district courts
he general trial courts of the United States federal court system *significance* - civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty.
US court of appeals
a court in each of the 11 federal judicial districts of the U.S. that functions as a court of record, exercises appellate jurisdiction, is presided over by three or sometimes two judges, and may be overruled only by the Supreme Court of the U.S.
US supreme court
the highest judicial court in a country or state. *significance* - have jurisdiction over all other courts in the nation
US court of military appeals
an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice.
US court of claims
a United States federal court that hears monetary claims against the U.S. government. *significance* - a court of record with national jurisdiction
US tax court
a specialized court of law that hears and adjudicates tax-related disputes and issues.
US court of international trade
an Article III court, with full powers in law and equity. *significance* - addresses cases involving international trade and customs laws
judicial restraint
encourages judges to limit the exercise of their own power. *significance* - emphasizes the limited nature of the court’s power
known as Conference of Senior Circuit Judges, created by the United States Congress in 1922
significance: frame policy guidelines for administration of judicial courts in the United States.
a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari.
significance: prevent a majority of the Court from controlling the Court’s docket
writ of certiorari
a writ by which a superior court can call up for review the record of a proceeding in an inferior court
a written document that explains why the person filing it should win the case or have his motion granted.
amicus curiae brief
legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter.
significance: advise the court of relevant, additional information or arguments that the court might wish to consider.
stare decisis
the doctrine of precedent.
significane: the legal principle of determining points in litigation according to precedent.
a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.
standing (judicial)
capacity of a party to bring suit in court.
Allowing a poor person to bring suit without liability for the costs of the suit.
significance: referring to a party to a lawsuit who gets filing fees waived by filing a statement
The demographics of the Supreme Court of the United States encompass the gender, ethnicity, and religious, geographic, and economic backgrounds of the 112 people who have been appointed as justices to the Supreme Court.
s. court litmus test
something (such as an opinion about a political or moral issue) that is used to make a judgment about whether someone or something is acceptable
significance: used when selecting a nominee for a Supreme Court position.
nominating people for a supreme court position.
an approach that separates itself from directlobbying through the act of asking the general public to contact legislators and government officials concerning the issue at hand, as opposed to conveying the message to the legislators directly.
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee’s state, especially from the senior senator of the president’s party from that state.
