Week 12: The judiciary Flashcards
it does not decide on political issues that are usually common in the two branches of government rather acts on the basis of the law and moral integrity of the state
judicial branch
the power vested on the judiciary to interpret and apply laws to cases involving individuals, among individuals or between individuals and the state.
judicial power
The Purposes of the Judicial Branch:
- To check the power of the other branches of government
- To provide legitimacy for legislation and executive orders
- To provide legitimacy for the criminal-justice system
- To provide a place for the settlement of disputes
- To provide a last resort for those who might be “ground up” by the system
Scope of Judicial Power:
- Adjudicatory Power
- Power Of Judicial Review
- Incidental Powers
includes the duty of the courts of justice to:
- settle actual controversies involving rights which are legally demandable and enforceable.
- to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction.
Adjudicatory Power
this power is vested on the judicial branch and includes the following:
- to check the validity or constitutionality of the laws of the state and acts of other departments of government
- to interpret these lawsto resolve the issues through decisions or judgments decided by the court/s
Power Of Judicial Review
powers necessary for effective discharge of judicial functions
Incidental Powers
involves the power of the courts ultimately the Supreme Court to interpret the constitution and review whether legislative or executive acts are in conflict with the fundamental law
judicial review
a matter which involves the jurisdiction of the court to settle or resolved a dispute or conflict involving the safety of individuals and their property which requires immediate decision and resolution.
justiciable property
Jurisdiction of Courts:
- General
- Limited
- Original
- Appellate
- Exclusive
- Concurrent
- Criminal
- Civil
- Appointment
it has jurisdiction to decide all disputes that come before the court except cases already assigned to other courts
General
the authority of the court to hear specified cases
Limited
when it can try the case presented for the first time
Original
a court that can take a case that is already heard and decided by a lower court
Appellate
when it can try and decide a case which cannot be presented before any court
Exclusive