POLI CH.14 Flashcards
judicial review
The power to declare congressional (and presidential) acts invalid because they violate the Constitution
criminal cases
Court cases involving a crime, or violation of public order.
civil cases
Court cases that involve a private dispute arising from such matters as accidents, contractual mutual obligations, and divorce.
plea bargain
A defendant’s admission of guilt in exchange for a less severe punishment.
common, or judge-made, law
Legal precedents derived from previous judicial decisions.
U.S. district courts
Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins.
U.S. courts of appeals
Courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.
precedent
A judicial ruling that serves as the basis for the ruling in a subsequent case.
stare decisis
Literally, “let the decision stand”; decision making according to precedent.
original jurisdiction
The authority of a court to hear a case before any other court does.
appellate jurisdiction
The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.
federal question
An issue covered by the U.S. Constitution, national laws, or U.S. treaties.
docket
A court’s agenda.
the rule of four
An unwritten rule that requires at least four justices to agree that a case warrants consider action before it is reviewed by the U.S. Supreme Court.
solicitor general
The third highest official of the U.S. Department of Justice, and the one who represents the national government before the Supreme Court
amicus curiae brief
A brief filed (with the permission of the court) by an Individual or group that is not a party to a legal action but has an interest in it
judicial restraint
A judicial philosophy by which judges tend to defer to decisions of the elected branches of government
judicial activism
A judicial philosophy by which judges tend not to defer to de visions of the elected branches of government, resulting in the invalidation or emasculation of those decisions
judgment
The judicial decision in a court case.
argument
The heart of a judicial opinion, its logical content separated from facts, rhetoric, and procedure
concurrence
The agreement of a judge with the Supreme Court’s majority decision, for a reason other than the majority reason
dissent
The disagreement of a judge with a majority decision.
senatorial courtesy
A norm under which a nomination must be acceptable to the home state senator from the president’s party
blue slip
The failure of a senator to return a blue slip signals the end of the road for a judicial nomination
