32 terms

5. Judicial Branch

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Judicial activism
two approaches to judicial decision making in the American political system, 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)
Amicus Curiae
means "friend of the court"; an individual, not a party, that aid or influence the court in reaching its decision
Appeal
Taking a case from a lower court to a higher tribunal by the losing party
Appelate Jurisdiction
Authority of a court to review decisions of an infereior court.
Arbitration
the act of deciding as an arbiter
Certiorari
a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Civil Law
The code regulating conduct between private persons
Common Law
judge-made law that originated in England from decisions shaped according to prevailing custom
Concurrent Jurisdiction
Authority vested in two or more courts to hear cases involving the same subject matter
Concurring Opinion
an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
Court of Appeals
In the national court system, the appellate court below the Supreme Court
Criminal Law
the body of law dealing with crimes and their punishment
Dissenting Opinon
written by someone who opposes the majority decsions
Ex Parte
a judicial proceeding by or for one party without contest by an adverse party
Indictment
the formal accusation charging a person with the commission of a crime
Injunction
(law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity
Judicial Review
power of hte courts to declare acts of the legislative and executive branches unconstitutional
jurisdiction
authority vested in a court to hear and decide a case
Justiciable Question
a dispute that can be settled through the excercise of judicial power
Original Jurisdiction
the authority of a court to hear a case in the first instance
Political Question
a doctrine enunciated by the Supreme Court holding that certain constituional issues cannot be decided by the courts but are to be decided the executive or legislative branches
Precedent
a court ruling bearing upon subsequent legal decisions in similar cases
Probation
suspension of the sentence of a person convicted of a crime
Stare Decisis
a legal term meanig "let the decision stand."
Supreme Court
the court of last resort in the federal and in most state judicial systems
Test Case
a representative legal action whose outcome is likely to become a precedent
Writ of Certiorari
an order in writing issued by a court ordering the performance of an act or prohibiting some act, a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Marbury v. Madison
court case that established judicial review
Judiciary Act of 1789
law passed to establish the federal court system
Judicial restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
rule of four
Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.