Unit 9 Flashcards
The power to declare congressional (and presidential) acts invalid because they violate the Constitution
judicial review
Court Cases involving a crime, or violation of public order
Criminal Cases
Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, and divorce
Civil Cases
A defendant’s admission of guilt in exchange for a less severe punishment
Plea-bargain
(Judge-made law) legal precedents derived from previous judicial decisions
Common Law
Courts within the lower tier of the three-tiered federal court system, court where litigation begins
US District Courts
Courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review
US Courts of Appeals
Regions in which certain courts can hear cases from.
Circuit
Written reports presented to judges in the Appellate Court
Briefs
A judicial ruling that serves as the basis for the ruling in a subsequent case
Precedent
Literally, “let the decision stand”; decision making according to precedent
Stare Decisis
The authority of a court to hear a case before any other court does
Original Jurisdiction
The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.
Appellate Jurisdiction
A court’s agenda
Docket
a litigant seeking review asks the Court “to become informed” of the lower-court proceeding.
Certiorari
An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the US Supreme Court
Rule of Four
The third highest official of the US Department of Justice, and the one who represents the national government before the Supreme Court
Solicitor General
A brief filed (with permission of the court) by an individual or group that is not a party to legal action but has an interest in it
Amicus Curiae Brief
The judicial decision in a court case
Judgement
The heart of a judicial opinion; its logical content separated from facts, rhetoric, and procedure.
Argument
The agreement of a judge with the Supreme Court’s majority decision, for a reason other than the majority reason
Concurrence
The disagreement of a judge with the majority decision
Dissent
A norm under which a nomination must be acceptable to the home state senator from the president’s party.
Senatorial Courtesy
A procedure by which similarly situated litigants may be heard in a single lawsuit
Class Action
