JUDICIAL BRANCH Flashcards
Article that describes our Judiciary
Article III
Judiciary Act of 1789
Created 3 tiered court system. Fed judges serve for life
Federal district courts
94 of them. Lowest level
Original jurisdiction
The court a case is first heard in
12 Circuit courts of appeals
Appellate courts. No original jurisdiction
Rule of 4
Court case must be heard by 4 judges
Solicitor General
Federal government supreme court lawyer. defends President in high court
Amicus Curiae
“Friend of the court”. a brief filed by a 3rd party with an interest in the case
Writ of Certiorari
“To be fully informed” ordering up a case by supreme court from a lower court
In Forma Pauperis
“In the form of a pauper” poor dont have to gothrough all legal procedures/rules
Stare Decisis
Courts honor presidents previous rulings
Judicial Activism
Liberal judge who interprets constitution to adress changing times since 18th century
Constructionist Judge
Conservative judge. supports judicial restraint, limited judicial review
Original Intent
Interpret constitution as the founders wanted
Sovereign immunity
Fed govt can dismiss a case, presds rarely forced into court
Full faith and credit clause
States must honor other states laws documents and certifications
Senatorial courtesy
presidents ask senior senator for a federal judge recommendation (not supreme court)
Exclusionary rule
evidence obtained illegally cannot be used in court
Eminent domain
Government and developers can seize your property for the public good.
Title 9
prohibits gender based discrimination
Civil liberties
freedoms protected against government abuse (enlightenment thinking)
Civil rights
minority groups fighting for more rights
Bill of Rights
Originally only impacted federal laws. Didnt extend to state governments.
Incorporation doctrine
Bill of rights apply to the states
Selective incorporation
supreme court says only fundamental rights in the bill of rights apply to the states
14th amendments due process clause
Laws cant deny fundamental rights like speech
1st amendment
Freedom of speech, press, religion, petition, assembly
Seditious speech
Anti government speech
Espionage act
Creates clear and present danger