Any law made by a lawmaking body; law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders.
Adversary System in the U.S.
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
Courts of Appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts; hear cases for 2nd, subsequent courts.
Which court is the only court with original and appellate jurisdiction?
"Yesterday's decision shall govern today's;" The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Most liberal court with liberal activist philosophy; undertook a lot of social/civil issues (Brown v. Board of Education)
State's rights, Devolution, Federalism
What is the courts current role; where do the courts seem to be going towards?
Writ of Habeas Corpus
"Holding the body;" A court order requiring explanation to a judge why a prisoner is being held in custody.
John Marshall (1803) successfully claimed for judges this power, which is the power to authoritatively interpret the Constitution, in the Marbury v. Madison case; The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
Dissenting Opinion and it's value
An opinion disagreeing with the majority in a Supreme Court ruling, it provides incite to arguments that are against the ruling. In Charles Evans Hughes's words, it is "an appeal to the brooding spirit of the law, to the intelligence of a later day."
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Amicus Curiae Brief
"A friend of the court," filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case; it is non-governmental! :D CHEER UP YOU'RE ALMOST THERE!
Nominated by the president, confirmed by the senate
How is the Supreme Court related to politics?
Who has jurisdiction between two states?
*Stare Decisis; Judge-made law that originated in England in the twelfth century, when royal judges traveled around the country settling disputes in each locality according to prevailing custom. The common law continues to develop according to the rule of stare decisis, which means "let the decision stand." This is the rule of precedent, which implies that a rule established by a court is to be followed in all similar cases.