The judiciary Flashcards
jurisdiction
Authority vested in a particular court to hear and decide the issues in a particular case
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial
Appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court.
Judiciary Act of 1789
legislative act that established the basic three-tiered structure of the federal court system.
Judiciary Review
Power of the Courts to review acts of other branches of government and the states.
Marbury v. Madison (1803)
Case in which the Supreme Court first asserted the power of Judiciary review by finding that the congressional statute extending the Court’s original jurisdiction was unconstitutional.
trial court
Court of original jurisdiction where case begins.
Appellate Court
Courts that generally reviews only findings of law made by lower courts.
Constitutional courts
Federal courts specifically created by the Us Constitution or by Congress pursuant to its authority in Article III.
legislative Courts
Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
Brief
A document containing the legal written arguments in a case filled with a court by a party prior to a hearing or a trial.
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
Senatorial Courtesy
A process by which presidents generally allow senators from the state in which a judiciary vacancy occurs to block a nomination by simply registering their objection.
Writ of Certiorari
A request for the Supreme Court to order up the records form a lower court to review the case.
Rule of Four
At least for justices of the Supreme Court must vote to consider a case before it can be heard.
Solicitor general
The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.
Amicus Curiae
“Friend of the Court”, amici may file briefs or even appear to argue their interests orally before the court.
Judicial Restraint
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of governments to stand, even when they offend a judge’s own principles.
judicial activism
A philosophy of judicial decisions making that posits judges should use their power broadly to further justice.
Strict constructionist
An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.
Judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
