Chapter 8
Order by
46 terms
Terms | Definitions |
|---|---|
 Judiciary Act of 1789 | the first bill ever introduced to the Senate |
| Constitutional Courts | the courts that exercize "the judicial power of the United States" |
| Constitutional Courts include... | district courts, the courts of appeals, the court of appeals for the federal circut, court of international trade, and the supreme court |
| Jurisdiction | the right of a court to hear and decide a case |
| 11th amendment | a state cannot be sued in federal court by its own citizens, by the citizens of another state or by a foreign country |
| legislative courts | handles appeals from specific cases arising from the powers granted to congress |
| legislative courts include... | tax court, claims court, territoral court, courts of the District of Columbia, court of military appeals, and the court of veterans appeals |
| judges (for the supreme court Justice) | the cheif decision maker of the federal judiciary |
| American Bar Association (ABA) | the professional intrest group that has the most influence on the President and his choice of a federal judge |
| civil case | in which the plaintiff feels he has been wronged by the defendant and is seeking to recover something from the defendant |
| plaintiff | the person filing the lawsuit |
| defendant | the person named in the suit |
| criminal cases | the government is the plaintiff and they seek legal action b\c the defendant has wronged society by his behavior. (these are cases like narcotics, embezzlement, fraud, larceny, and immigration |
| trial | an official examination of available evidence in a court of law |
| United States District Courts | the most active federal judiciary courts |
| Origional Jurisdiction | the right of a court to be the first to hear and decide a case |
| grand jury | 13 to 23 people, examines the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case |
| Indictment | a formal accusation against the accused issued by the grand jury |
| acquittal | sets of the accussed free immediately, if the grand jury cannot find enough proof against someone |
| trial jury | 6-12 people hear the case in court |
| verdict | "guilty" or "not gulity" |
| hung jury | a jury that can not agree on a verdict |
| evidence | material presented as proof at a trial |
| rules of evidence | a set of rules attornys must follow in governing the administration of evidence |
| Exclusionary Rule | evidence abtained illegally is not admissible in a court of law |
| Appeal | a request that a higher court review the case records and verdict of the lower court |
| briefs | the lawyer's written argument |
| precedents | past decisions involving similar cases |
| Supreme Court | hihgest tribunal of the United States |
| Since 1869 how many cheif justices has the Supreme Court had on the bench? | eaight |
| Judicial Review | the right of a court to declare a law, or action based on that law, unconstitutional (Cheif Justice John Marshall used Judicial Rewiew in the case of Marbury vs. Madison |
| Mandamus | a court order compelling a person to obey |
| writ of certiovari | a petition for a court to hear a case |
| writ of appeal | a principal way cases reach the supreme court |
| appellant | one who appeals a case |
| discretionary reviews | the ability to decide wether the supreme court wants to hear a case |
| litigant | one who petitions a court to review the decision of a lower court |
| amicus curiae (friend of the court) | is filled by individuals who are not parties in the case but still have an intrest in the case's outcome |
| conference handshake | before the supreme court meet in the conference the all shake hands |
| unanimous opinion | all the justices agree on an oppinion |
| majority opinion | is used if the court is split on a case |
| concurring opinion | if a justice votes with amajority but wishes to explain his opinion he will write it down |
| Dissecnting Opinion | a justice who does not vote with the majority and wishes to explain |
| Judicial Restraint | the historical role of the supreme court has been to interpret and apply the constitution |
| Judicial Activism | belives that the judges should go beyone the "four coners of the Constitution" and use it to change society |
| in 1973 Roe v. Wade | it became legal to have elective abortions |
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