Test 2 The Judiciary (4.0 and Go) Flashcards
Judicial Review
the power of the courts to review acts of the other branches and the states to determine if they are constitutional
Congress checks over courts
- Determine jurisdiction
- Can propose constitutional amendments and revers the courts
- Can impeach and remove judges
- Senate must approve presidential appointments to the Federal Judicial System
The Judiciary Act of 1789
establish basic three tiered structure of the federal court
- at least one Federal District Court in each state
- exclusively appellate jurisdiction Circuit Courts
- Supreme Court
Marshall Court: Marbury v. Madison
Marshall ruled that Marbury should get commission, but SC could no issue it because not authorized under Constitution and Congress did not have right to extend courts original jurisdiction- Therefore the Judiciary Act of 1789 was unconstitutional- sets precedent for Judicial review
Trial Courts
courts of original jurisdiction - where cases begin
Appellate Courts
courts that review findings of law from lower court case
Jurisdiction
authority to hear and decide on an issue
Original juridiction
the first courts to hear a case, determine facts of law- determine guilt in criminal cases
Appellate jurisdiction
authority to review lower court decisions
Criminal law
Codes of behavior related to the protection of property and individual safety
Felonies
Criminal law
serious offenses
Misdemeanors
Criminal law
minor offenses
Civil law
code of behavior related to business and contractual relationships between groups and individuals
Constitutional courts
federal courts specifically created by the US Constitution or by congress pursuant to its authority in Article III
Legislative courts
courts created by congress for specialized purposes
District courts
original jurisdiction, every state has t least one, bulk of judicial work on federal level
Court of Appeals
loser or defendant mat “appeal” to higher court to examine “errors in procedure, consistency with other court decisions, and questions of unconstitutionality” Appellate courts do not retry case and do not hear evidence over again
Brief
written arguments of case submitted to the court
Supreme Court
its decisions binding on the entire nation, court of appeals decisions only apply to their geographic area
Precedent
prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Stare decisis
the reliance on past decisions or precedent to formulate decisions in new cases- allows for continuity and predictability in our judicial system
Cases Supreme Court will hear
- must come from either a US court of appeals, a three-judges district court, or a state court of last resort
- must involve a federal question
Writ of Cerioriari
request for the court to review lower court decision
Rule of Four
certiorari is granted if four justices vote to hear a case
Solicitor general
the 4th ranking member of the Dept. of Justice; responsible for handling appeals on behalf of the US gov to the supreme court
Amicus Curiae
“Friends of the court”
Judicial Restraint
belief that courts should be very reluctant to interfere with the other branches, should let stand the decisions of other branches
Strict constructionalist
belief that judges should interpret the constitution based up the framers original intent
Judicial activism
belief that judges should use their power broadly to further justice, especially in the areas of equality and civil liberty
The Attitudinal Model
personal preferences toward issues of public policy
The Strategic Model
weigh and assess their actions against those of other justices to optimize the chances that their preferences will be adopted by the whole court
judicial implementation
refers to how whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
