24 terms

American Government: Roots and Reform - Chapter Ten


Terms in this set (...)

judicial review
power of the courts to review acts of other branches of government and the states
Judiciary Act of 1789
legislative act that established the basic three-tiered structure of the federal court system. Federal district courts at the bottom, then circuit courts, then the Supreme Court.
Marbury v. Madison
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. Through the supremacy clause.
trial courts
court of original jurisdiction where cases begin.
appellate courts
court that generally reviews only findings of law made by lower courts.
authority vested in a particular court to hear and decide the issues in a particular case.
original jurisdiction
the jurisdiction of courts that hear a case first, usually in trial. There courts determine the facts of the 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 the conduct and relationship between individuals or groups.
constitutional courts
federal courts specifically created by the US Constitution or by Congress pursuant of its authority in Article III.
legislative courts
courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims.
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
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 Supreme 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 nearly all appeals on behalf of the US government to the Supreme Court.
amicus curiae
"Friend of the Court"; may file briefs or even appear to argue their interests orally before the court.
judicial restraint
a philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend the judge's own principles.
judicial activism
a philosophy of judicial decision making that posits judges should use their power broadly to further justice.
strict constructionist
an approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the Framers.
judicial implementation
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.