Study Guide Flashcards
A statement written by a justice who votes with majority but for different reasons then others
Concurring opionion
The practice of using early judicial rulings as a basis for deciding cases
Star decisis
States the facts and gives the ruling
Majority ruling
Cases start
District courts
A ruling that is used as the basis for a judicial decision in a later similar case
Precedent
A written document explaining the position of one side or the other in a case
Brief
Sending the case back to the lower court to be tried again
Remand
An order to a higher court to a lower court to obtain the records of the lower court in a particular case
Writ of certiorari
What is the job of an appeals court
To reveiw the fairness of a case
What is the last step the Supreme Court takes on a descion
Revise the draft and write and announce the opinion
How did president Andrew Jackson reveal limit on the supreme courts power
He refuses to obey the descion he refused to take any step to make the state obey the ruling
Which case clarified that the constitution overrides any laws
Marbury V madison
Which part of the constitution established the judicial branch
Article III
Which federal courts usually have original jurisdiction
District courts
How does a case come before the Supreme Court
An appeal from a lower court
In a Supreme Court case when are briefs presented
The beginning of the trial
How do federal judges obtain there office
The president appoints them
In what courts do federal trials and lawsuits begian
District courts
What types of cases will the Supreme Court accept
Ones that ask key constitional questions
What is the court of final appeal
Supreme Court
During oral arguments what is most timed used for
Tough questions justices ask lawyers
In what type of case does the. Court favor one side over the other
Civil courts
What type of court would two people in the same state claiming propert be
District court
What was called unconstitutional in brown V board of education
Having black and white schools
How do federal and state judges terms differ
Federal for life
State a certain term
How does jurisdiction differ from state and federal courts
Federal has exclusive jurisdiction
How long do Supreme Court justices have their jobs
For life
What is sensorial courtesy
When a senator says no to a canister the president chooses a new one
Which courts have original jurists tion
District courts
Can Supreme Court nullify a state law of it find it unconstitutional
Yes