Chapter 10- Judiciary
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Created by:
rlschilling on February 4, 2012
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24 terms
Terms | Definitions |
|---|---|
 Judicial Review | power of the courts to review acts of other branches of governement and the states |
| Judiciary Act of 1789 | Established the basic three-tired structure of the federal court system |
| Marbury v. Madison (1803) | case in which the Supreme Court first asserted the power of judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional |
| trial courts | courts of original jurisdiction where cases begin |
| appellate courts | 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 | The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. |
| appellate jurisdiction | The power vested in particular courts to review and/or revise the decision 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 courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, &specialized courts such as the U.S. Court of International Trade |
| legislative courts | courts established by Congress for specialized purposes, such as the Court of Military Appeals |
| 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 past decisions or precedents to formulate decisions in new cases |
| 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 |
| 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 U.S. 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 | an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) |
| strict constructionist | an approach to constitutional interpretation that emphasizes the Framers' original intentions |
| judicial implementation | refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit |
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