Judiciary Flashcards

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1
Q

Jurisdiction

A

a given court’s authority to hear cases of a particular kind. Jurisdiction may be original or appellate.

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2
Q

Original Jurisdiction

A

the authority of a given court to be the first to hear a case

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3
Q

Appellate Jurisdiction

A

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

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4
Q

Precedent

A

a judicial decision that serves as a rule for settling subsequent cases of a similar nature

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5
Q

Stare decisis

A

the power of the precedent- let the previous ruling stand

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6
Q

Writ of certiorari

A

permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling

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7
Q

Opinion of the court

A

a court’s written explanation of its decision which serves to inform others of the legal basis for the decisions

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8
Q

majority opinion

A

opinion of the court

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9
Q

Plurality Opinion

A

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.

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10
Q

Concurring Opinion

A

agree with the ruling of the majority opinion but modify supportive reasoning

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11
Q

Dissenting Opinion

A

minority opinion

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12
Q

Per curiam belief

A

(a kind of court opinion) brief and unsigned

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13
Q

Circuit Court

A

circuit courts deal with all appeals of decisions made in district courts for both civil and criminal cases

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14
Q

Senatorial courtesy

A

appointees for federal courts are reviews by senators from that state, if the senators are of the president’s party

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15
Q

Criminal Law

A

laws governing acts deemed illegal and punishable by government, such as robbery

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16
Q

Procedural Law

A

laws governing the legal process and define proper courses of action by government and private parties

17
Q

Civil Law

A

laws governing relations between two parties

18
Q

Statutory Laws

A

courts are bound by laws made in congress unless the laws violate the constitution

19
Q

Compliance

A

the issue of whether judicial decisions will be respected and obeyed

20
Q

Judicial Activism

A

describes judicial rulings suspected of being based on personal or political considerations rather than on existing law

21
Q

Judicial Restraint

A

a judicial philosophy in which judges play minimal policy making roles, leaving that duty strictly to the legislators.

22
Q

Loose Constructionism

A

judges should look to the underlying principles of the constitution

23
Q

Strict Constructionism

A

judges are bound by the wording of the constitution. the constitution is taken to only have literal meaning

24
Q

in forma pauperis

A

a request to have a court wave filing fees in a civil action because the plaintiff is poor

25
Q

constitutional court

A

created by the constitution; exercise judicial powers found in Article III

26
Q

legislative court

A

created by Congress for specialized purposes, judges have fixed terms and can be removed, no salary protection

27
Q

litmus test

A

a standard that a president may use when selecting federal judges and justices

28
Q

Judicial Independence

A

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)

29
Q

Federal question cases

A

involving US constitution, federal law, treaties

30
Q

Diversity cases

A

involving different states or citizens

31
Q

Standing

A

guidelines involving who is being entitled to bring a case

32
Q

Solicitor General

A

counsel for the federal government; decides what cases the government will appeal rom lower courts and approves every case presented to the Supreme Court

33
Q

Chief Justice John Marshall

A

led the SCOTUS to several decisions that increased the power of the federal government and elevated the status of the court

34
Q

Name all current justices of the SC

A
John Roberts 
Anthony Kennedy 
Clarence Thomas 
Either Bader Ginsburg 
Stephen Breyer 
Samuel Anthony Alito 
Sonia Sotomayor 
Elena Kagan