test2 Flashcards
amicus curiae
friend of the court
appellate court
reviews cases already decided by a lower or trial court
appellate jurisdiction
the power of a court to hear a case
associate justice
a member of the Supreme Court who is not the chief justice
brief
a written legal argument
chief justice
highest ranking justice on the supreme court
circuit courts
the appeals court of the federal court system that review decisions of the lower courts
civil law
a non criminal law defining private rights and remediws
common law
the pattern of law developed by judges through case decisions largely based on precedent
concurring opinion
an opinion written by a justice who agrees with the courts majority opinion but has different reasons for doing so
court of appeals
the appelate courts of the federal court system that reviews lower court rules
criminal law
a law that prohibits actions that could harm or endanger others and establishes punishment for those actions
dissenting opinion
an opinion written by a justice who disagrees with the majority opinion of the court
district courts
the trial courts of the federal court system where the cases are tried eveidence is presented and witness testimony is heard
docket
the list of cases peninding on a courts calendar
dual court system
the division of the courts into two seperate systems on federal and one states
judicial activism
a judicial philosophy in which a justce is more likely to overturn decisions or rule actions by the other branches unconstitutional
judicial restraint
a philosophy in which justice is more liekly to let stand the decisions or actions of the other branches
judicial review
the power of the courts to review actions taken by the other courts
majority opinion
an option of the court with which more than half the nine justices agree
Marbury vs madison
the 1803 supreme court case that established the courts power of judicial review and the first time the supreme court ruled an act of congress to be unconstitutional
oral argument
words spoken before the supreme court explaining the legal reasons behind thier position in a case and why it should prevail
original jurisdiction
the power of a court to hear a case for the first time
precedent
the pricipals or guidelines established by courts in earlier cases that frame the ongoing operartion of the courts
rule of four
a supreme court custom in which a case will be heard when four justices decide to do so
senatorial courtesy
an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there
solicitor general
the lawyer who representes the federal government and argues some cases before the supreme court
stare decisis
the pricipal by which courts rely on past decisions and thier precedents when making decisions in new cases
trial court
the level of court in which a case starts or is frist tried
writ of certiorari
an order of the supreme court calling up the records of the lower court so a case may be reviewed
bureaucracy
an adminstrative group of nonelected officials charged with carrying out funtions connected to a series of policies and programs
bureaucrats
the civil servants or political appointees who fill nonelected positions in government and make up the bureaucracy
civil servants
the individuals who fill nonelected positions in government and make up the bureacracy
government corporation
a corporation that fulfills an important public interest and is therfore overseen by government authorities to a much larger degree than private business
merit system
a system of filling civil service positions by using competitive examinations to value experience and competence over political loyalties
negotiated rulemaking
a rule making process in which neutral advisors convene a committee of those who have vested intrests in the proposed rules and help the committee reach a consensus
patronage
the ues of government positions to reward individuals for thier political support