judicial defs Flashcards

1
Q

Inferior courts

A

lower federal courts below the Supreme Court

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2
Q

Constitutional Courts

A

deals with judicial power in the US (courts of appeals, district courts, and the US Court of International Trade)

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3
Q

Special Courts

A

usually has a more narrow focus (US Court of Appeals for Armed Forces, the US Tax Court)

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4
Q

Jurisdiction

A

the authority of the court to hear and decide a case

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5
Q

Exclusive Jurisdiction

A

most cases in federal court fall in this category; this means that the case can ONLY be heard in Federal Court

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6
Q

Concurrent jurisdiction

A

a case that could be tried in either Federal or state court

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7
Q

Original Jurisdiction

A

the court in which the case was first heard (‘court of first instance’)

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8
Q

Appellate Jurisdiction

A

a court that hears the case of appeal from a lower court

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9
Q

Judicial Restraint

A

believe that judges should decide cases based on the original intent of the framers of the constitution and the idea of the Precedent (usually republicans)

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10
Q

Precedent

A

judicial decision that serves as a guide for settling later cases of a similar nature

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11
Q

Judicial Activism

A

believe that provisions in the Constitution and statute law should be interpreted and applied in light of ongoing changes in conditions and values (usually democrats)

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12
Q

FISA Court

A

a collection of 11 Federal Judges from around the country who are appointed to seven year terms by the chief justice of the US Supreme court

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13
Q

Supreme Court

A

conduct judicial reviews of laws in the US

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14
Q

Rule of Four

A

at least four of the nine justices must agree that a case should be put on the court docket

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15
Q

docket

A

schedule

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16
Q

Writ of Centiorari

A

order by the SC to a lower court directing the lower court to send up the record in a given case for it review

17
Q

brief

A

a written statement that is supposed to outline the facts of the case and legal beliefs of the case

18
Q

Solicitor General

A

a representative from the Department of Justice who represents the United States government in all cases which it is a party in the SC

19
Q

majority opinion

A

sets out the facts in a case, identifies the issues its presents, and details the reasons for the majority’s decision
stands as precendents

20
Q

concurring opinion

A

a justice who may agree with the majority opinion but writes their own opinion because the Majority opinion may not address a certain issue

21
Q

dissenting opinion

A

one of more justices may write a dissenting opinion if they disagree with the majority opinion
DONT become legal precedents