Upgrade to remove ads
Amer Gov't Chap 13
Terms in this set (34)
To declare that a court ruling valid and must stand.
Amicus Curiae Brief
A brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, or amicus curiae (Latin for "friend of the court"), who is not directly involved in the litigation but who has an interest in the outcome of the case.
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
A judicial philosophy that looks to the context and purpose of a law when making an interpretation.
Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law and administrative law
A lawsuit filed by an individual seeking damages for "all persons similarly situated."
Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.
A separate opinion prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case.
Diversity of Citizenship
The condition that exists when the parties to a lawsuit are citizens of another state or when the parties are citizens of U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
Exists when a court's authority to hear cases is not significantly restricted. A court of general jurisdiction can normally hear a broad range of cases.
A doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority.
The way in which court decisions are translated into action.
A doctrine holding that the courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.
The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdictional issues.
Exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
A court opinion reflecting the views of the majority of the judges.
The statement by a judge or a court of the decision reached in a case. This opinion sets forth the applicable law and details the reasoning on which the ruling was based.
The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor.
An issue that a court believes should be decided by the executive or legislative branch-or these two branches acting together.
A Court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases
To send a case back to the court that originally heard it.
To annul, or make void, a court ruling on account of some error or irregularity.
Rule of Four
A United States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.
In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
To stand on decided cases; the judicial policy of following precedents established by past decisions.
A judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute.
The court in which most cases begin.
A court opinion or determination on which all judges aree.
Writ of Certiorari
An order issued by a higher court to a lower court to send up the record of a case for review.
a legal rule stating who is authorized to start a lawsuit
a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
THIS SET IS OFTEN IN FOLDERS WITH...
American Gov't Definitions
Part 4 - Chapter 10
Part Four, Chapter 11
Part Four, Chapter 12, The Bureaurcracy
YOU MIGHT ALSO LIKE...
Chapter 13 The Courts
American Gov. Chapter 15- The Judiciary
Chapter 15 Vocabulary: The Courts
OTHER SETS BY THIS CREATOR
Amer Gov't Final Exam
Humanities, Chap 11 The Early Renaissance
Earth Sciences, Test 3 review
Humanities, Chap 10