Judiciary FUCK Flashcards
Amicus Curiae
Friend of the Court
Appellate Court
Court the generally reviews only findings of law made by the lower court.
Appellate Jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
Brief
A document containing legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Civil Law
Codes of behavior related to the conduct and relationships
between individuals and groups.
Constitutional Courts
Federal courts specifically created by the U.S. Constitution or by
Congress pursuant to its authority in Article III.
Criminal Law
Codes of behavior related to protection of property and individual safety.
Judicial Activism
A philosophy of judicial decision making the posits judges should use their power broadly to further justice.
Judicial Implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
Judicial Restraint
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.
Judicial Review
Power of the courts to review acts of other branches of government and the states.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case.
Legislative Courts
Courts established by Congress for specialized purpose, such as the Court of Appeals for Veterans Claims.
Marbury V Madison
Case in which the Supreme court first asserted the power of judicial review by finding that the congressional statue extending the Court’s original jurisdiction was unconstitutional.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial.
These courts determine the facts of a case.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Rule of Four
At least four justices of the supreme court must vote to consider a case before it can be heard.
Senatorial Courtesy
Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.
Solicitor General
The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.
Stare Decisis
In court rulings, a reliance on past decisions or procedures to
formulate decisions in new cases.
Strict Constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the framers.
Trial Court
Court of original jurisdiction where cases begin.
Writ of Certiorari
A request for the Supreme Court to order up the records from a lower court to review the case.
