Judiciary Flashcards
Common law
A legal system based on the accumulated rulings of judges over time - judge made law
Precedent
A previous decision or ruling that in common law tradition is binding on subsequent decisions
Stare decisis
the legal principle of determining points in litigation according to precedent
Civil law
Laws regulating interactions between individuals; violation of a civil law is called a tort
Criminal law
Laws prohibiting behavior the gov has determined to be harmful to society; violation of a criminal law called a crime
Administrative law
Law established by the beurocracy on behalf of congress
Marbury v Madison
The landmark case that establishes the US supreme courts power if judicial review
Jurisdiction
A courts authority to hear certain cases
Original jurisdiction
Authority to hear case first
Appellate jurisdiction
Authority of court to review decisions made by lower courts
District court
Lowest level - 94 US federal district courts
Each state has at least 4
Deal with issues concerning the constitution, congress, or any other aspect of federal gov. Example- lawsuit against the EPA
US COURT of appeals
Any case not in district level appears here
-arranged in 12 circuits
-Washington DC is 12th cercuit: appeals things involving gov agencies
- decisions made by a rotating panel of 3 judges
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How are member selected in the Supreme Court?
Merit Political ideology Reward Representation Confirmation by senate
Write of certiorari
Formal requests by the US Supreme Court to call up the lower court case it decides to head on a appea