Judiciary Flashcards
Jurisdiction
a given court’s authority to hear cases of a particular kind. Jurisdiction may be original or appellate.
Original Jurisdiction
the authority of a given court to be the first to hear a case
Appellate Jurisdiction
the authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party
Precedent
a judicial decision that serves as a rule for settling subsequent cases of a similar nature
Stare decisis
the power of the precedent- let the previous ruling stand
Writ of certiorari
permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling
Opinion of the court
a court’s written explanation of its decision which serves to inform others of the legal basis for the decisions
majority opinion
opinion of the court
Plurality Opinion
a court’s opinion that results when a majority of the justices agree on a decision in a case but do not agree on the legal basis for the decision.
Concurring Opinion
agree with the ruling of the majority opinion but modify supportive reasoning
Dissenting Opinion
minority opinion
Per curiam belief
(a kind of court opinion) brief and unsigned
Circuit Court
circuit courts deal with all appeals of decisions made in district courts for both civil and criminal cases
Senatorial courtesy
appointees for federal courts are reviews by senators from that state, if the senators are of the president’s party
Criminal Law
laws governing acts deemed illegal and punishable by government, such as robbery
Procedural Law
laws governing the legal process and define proper courses of action by government and private parties
Civil Law
laws governing relations between two parties
Statutory Laws
courts are bound by laws made in congress unless the laws violate the constitution
Compliance
the issue of whether judicial decisions will be respected and obeyed
Judicial Activism
describes judicial rulings suspected of being based on personal or political considerations rather than on existing law
Judicial Restraint
a judicial philosophy in which judges play minimal policy making roles, leaving that duty strictly to the legislators.
Loose Constructionism
judges should look to the underlying principles of the constitution
Strict Constructionism
judges are bound by the wording of the constitution. the constitution is taken to only have literal meaning
in forma pauperis
a request to have a court wave filing fees in a civil action because the plaintiff is poor
constitutional court
created by the constitution; exercise judicial powers found in Article III
legislative court
created by Congress for specialized purposes, judges have fixed terms and can be removed, no salary protection
litmus test
a standard that a president may use when selecting federal judges and justices
Judicial Independence
concept that the judicial branch must be kept away from other branches of government should as not to become more political (stay away from partisan interests)
Federal question cases
involving US constitution, federal law, treaties
Diversity cases
involving different states or citizens
Standing
guidelines involving who is being entitled to bring a case
Solicitor General
counsel for the federal government; decides what cases the government will appeal rom lower courts and approves every case presented to the Supreme Court
Chief Justice John Marshall
led the SCOTUS to several decisions that increased the power of the federal government and elevated the status of the court
Name all current justices of the SC
John Roberts Anthony Kennedy Clarence Thomas Either Bader Ginsburg Stephen Breyer Samuel Anthony Alito Sonia Sotomayor Elena Kagan
