Quiz 6a Flashcards
Precedence
Practice of deciding new cases with reference to former decisions
Common-law
A collection of judge made laws that developed over centuries and is based on decisions made by previous judges
Appellate jurisdiction
?
Marbury v Madison case
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JUDICIAL REVIEW
Judicial review
Allows the courts to rule on the constitutionality of laws and actions, giving them the power to strike down or reinforce policy, not just to apply and interpret it
***The key to understanding the unusual power of United States judiciary
Writ of mandamus
“I command” by the judiciary act of 1789
Defendant
Person charged
Criminal law
An individual is charged with violating a specific law and the government prosecutes
Civil law
No charge of criminality is made BUT one person accuses another of violating his or her rights
Solicitor general
Represents the government to the Supreme Court
Gideon v. Wainwright
Determined that all accused persons in state criminal trials should be supplied with a lawyer, free if necessary, if the crime charged was a felony
Dual court system
1 federal court and 1 State court
Federal question cases
“arising under the Constitution, the law of the United States, and treaties”
**heard by federal courts
Majority opinion
Official opinion of the court
Rule of four
If 4 justices agree to hear a case, cert is issued and the case is scheduled for hearing
