American Government: Roots and Reform - Chapter Ten
Terms in this set (24)
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.
court of original jurisdiction where cases begin.
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.
the jurisdiction of courts that hear a case first, usually in trial. There courts determine the facts of the case.
the power vested in particular courts to review and/or revise the decision of a lower court.
codes of behavior related to the protection of property and individual safety.
codes of behavior related to the conduct and relationship between individuals or groups.
federal courts specifically created by the US Constitution or by Congress pursuant of its authority in Article III.
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.
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
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.
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.
"Friend of the Court"; may file briefs or even appear to argue their interests orally before the court.
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.
a philosophy of judicial decision making that posits judges should use their power broadly to further justice.
an approach to constitutional interpretation that emphasizes interpreting the Constitution as it was written and intended by the Framers.
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.