Judicial Branch Flashcards

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1
Q

Amicus Curiae

A

(“Friends of the court”) An individual or organization that is not a party to a legal case but who is able to come and support or reject arguments of the case.

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2
Q

Civil Law

A

A law that governs relationships between individuals and defines their legal rights.

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3
Q

Common Law

A

Body of unwritten laws based on legal precedents established by the courts

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4
Q

Concurring Opinion

A

Additional opinion in a court decision written by a member of the majority

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5
Q

Criminal Law

A

Is a body of law that relates to crime (endangers people)

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6
Q

Dissenting Opinion

A

Judicial written opinion that contradicts the ruling of the full court

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7
Q

Judicial Activism

A

One who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the President

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8
Q

Judicial restraint

A

Courts avoids making policy; wants to leave policy up to other two branches

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9
Q

Judicial Review

A

process by which the courts interpret the constitution. When the courts interpret the constitution, it allows us to understand how our founding fathers set out to run our country.

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10
Q

Litigation

A

Engagement in a lawsuit

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11
Q

Political questions

A

A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.

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12
Q

Precedent

A

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.

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13
Q

Per Curiam Decision

A

Is a ruling issued by an appellate court to multiple judge in which the decision rendered is made by the court acting collectively and unanimously.

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14
Q

Rule of four

A

A requirement which states that a case can only be heard by a supreme court if four justices vote to hear a case.

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15
Q

Strict Construction

A

Interpretation of the Constitution that emphasizes a narrow reading of its text, focusing on the original meaning as understood at the time it was written

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16
Q

Stare Decisis

A

Rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.

17
Q

Statutory law

A

Law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders.

18
Q

Federal district courts

A

Consists of 94 courts (every state, including Puerto Rico and DC, have at least 1), 700 judges, original jurisdiction (any type of federal civil or criminal cases), created by Judiciary Act of 1789

19
Q

Original Jurisdiction

A

The court has the right to hear the case first before anyone else.

20
Q

Writ of Certioari

A

An order by the court directing a lower court to send up a case

21
Q

Writ of habeas corpus

A

An order by the court to a person/institution holding someone in custody to deliver the imprisoned person to the court.

22
Q

Majority Opinion

A

The official ruling of the supreme court on a case, explaining how the majority decision was reached.