AP Government Ch.10 The Judiciary
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27 terms
Terms | Definitions |
|---|---|
 judicial review | Power of the courts to review acts of other branches of government and the states |
| The Judiciary Act of 1789 | Established the basic three-tiered structure of the federal court system |
| seriatim | The Marshall Court discontinued the practice of _____ opinions which was the custom of the King's Bench in Great Britian -- "in a series" in Latin |
| Marbury v. Madison (1803) | Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional |
| mandamus | "a legal motion" |
| trial courts | court of original jurisdiction where cases begin |
| appellate court | court that generally reviews 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 | the jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case |
| appellate jurisdiction | te power vested in particular courts to review and/or revise the desion of a lower court. |
| criminal law | codes of behavior related to the protection of property and individual safety |
| civil law | codes of behavior related to business and contractual relationships between groups and individuals |
| constitutional courts | federal couts specifically created by the US Constitution or by Congress pursuant to its authority in Article III |
| legislative courts | courts established by Congress for specialized purposes, such as the Court of Military Appeals |
| en banc | When, in rare cases, all the judges in a Court of Appeals may choose to sit together to decide a case by majority vote |
| brief | a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial |
| precedent | a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature |
| stare decisis | in court rulings, a reliance on part decisions or precedents to formulate decisions in new cases -- "let the decision stand" |
| senatorial courtesy | process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs |
| writ of certiorari | a request for the Court to order up the records from a lower court to review the case -- from the Latin "to be informed" |
| Rule of Four | at least four justices of the Supreme Court must vote to consider a case before it can be heard |
| solicitor general | the fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the US government to the Supreme Court |
| amicus curiae | "friend of the court;" amici may file briefs or even appear to argue their interests orally before the court. |
| judicial restraint | a philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles. |
| judicial activism | a philosophy of judicial decision maing that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty |
| strict constructionists | an approach to consitutional interpretation that emphasizes the Framer's original intentions |
| judicial implementation | how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit |
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