Unit Five Bitch Flashcards
Judicial Review
This is the power of the courts to review acts of other branches of gov’t and states. *Checks and Balnace
Judiciary act (1789)
The establishment of the three tiered (federal) court structure.
Trial Court
Courts of jurisdiction where cases begin.
Appellate Court
Courts that generally review only findings of law made by lower courts.
Jurisdiction
Authority vested in a particular court to hear and decide the issues in any particular case.
Original Jurisdiction
Courts that hear the case first. As opposed to Appellate jurisdiction which is only in lower courts.
Criminal Law
Codes and behavior to business between individuals.
Brief
Document containing details about the trial
Stare Decisis
Reliance on past decisions in order to make new ones.
Marbury vs. Madison Details
- Adams signed for new judges on the last day of his term.
- 17 commissions left un-done
- led to judicial review
Fletcher vs. Fleck
The first case in which the Supreme Court ruled a state law unconstitutional, the decision also helped create a growing precedent for the sanctity of legal contracts, and hinted that Native Americans did not hold title to their own lands.
Strict Constuctionism
An approach to constitutional interpretation that emphasizes the framers original ideas only.
Writ of Certiori
A request for the court to order up the records from a lower court to review the case.
Rule of four
AT LEAST four judges (supreme court) must vote on certain cases before the are heard in court.
Solicitor General
- Fourth highest rank of dept. of justice
- Responsible for handling appeals on behalf of the gov’t.