Judicial Basics P/F Flashcards
amicus curiae briefs
”friends of the court”, submission to a court by a non-party to a case, offering legal arguments, information, or expertise to assist the court in its decision-making
appellate jurisdiction
courts that hear reviews of decisions of lower courts, not focused on facts
concurring opinion
a justice that agrees with the ruling but not with the reasoning
courts of appeal
decide appeals from district courts and have appellate jurisdiction only
court packing plan
FDR tried to up the number of justices when they were rejecting the New Deal plans
dissenting opinion
reasons the justices oppose the majority opinion
district courts
lower courts, serve as trial courts and have original jurisdiction
docket
list of cases to be heard
in forma pauperis (pauper’s) position
mostly hand-written appeals by prisoners to ask supreme court to look at their case
judicial activism
says the courts should playa role in determining national policy
judicial restraint
says the courts should only act within the constitution
majority opinion
reasons in which the majority of the justices agree and uphold the acts of congress unless they clearly violate the constitution
original jurisdiction
where the case is first heard
original intent
view that the constitution should be interpreted according to the Framer’s ideals
per curium decision
a court decision that is made from the court as a whole on a straight forward decision
precedent
standards or guidelines to be followed in similar cases in the future
rule of 4
4/9 justices have to agree to hear a case
senatorial curtesy
unwritten tradition of not confirming federal courts if the senator from that state doesn’t agree
stare decisis
letting the decision of the lower court stand
writ of certiorari
order by supreme court to lower courts to send all the paperwork
