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46 terms

Chapter 8

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Judiciary Act of 1789
the first bill ever introduced to the Senate
Constitutional Courts
the courts that exercize "the judicial power of the United States"
Constitutional Courts include...
district courts, the courts of appeals, the court of appeals for the federal circut, court of international trade, and the supreme court
Jurisdiction
the right of a court to hear and decide a case
11th amendment
a state cannot be sued in federal court by its own citizens, by the citizens of another state or by a foreign country
legislative courts
handles appeals from specific cases arising from the powers granted to congress
legislative courts include...
tax court, claims court, territoral court, courts of the District of Columbia, court of military appeals, and the court of veterans appeals
judges (for the supreme court Justice)
the cheif decision maker of the federal judiciary
American Bar Association (ABA)
the professional intrest group that has the most influence on the President and his choice of a federal judge
civil case
in which the plaintiff feels he has been wronged by the defendant and is seeking to recover something from the defendant
plaintiff
the person filing the lawsuit
defendant
the person named in the suit
criminal cases
the government is the plaintiff and they seek legal action b\c the defendant has wronged society by his behavior. (these are cases like narcotics, embezzlement, fraud, larceny, and immigration
trial
an official examination of available evidence in a court of law
United States District Courts
the most active federal judiciary courts
Origional Jurisdiction
the right of a court to be the first to hear and decide a case
grand jury
13 to 23 people, examines the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case
Indictment
a formal accusation against the accused issued by the grand jury
acquittal
sets of the accussed free immediately, if the grand jury cannot find enough proof against someone
trial jury
6-12 people hear the case in court
verdict
"guilty" or "not gulity"
hung jury
a jury that can not agree on a verdict
evidence
material presented as proof at a trial
rules of evidence
a set of rules attornys must follow in governing the administration of evidence
Exclusionary Rule
evidence abtained illegally is not admissible in a court of law
Appeal
a request that a higher court review the case records and verdict of the lower court
briefs
the lawyer's written argument
precedents
past decisions involving similar cases
Supreme Court
hihgest tribunal of the United States
Since 1869 how many cheif justices has the Supreme Court had on the bench?
eaight
Judicial Review
the right of a court to declare a law, or action based on that law, unconstitutional (Cheif Justice John Marshall used Judicial Rewiew in the case of Marbury vs. Madison
Mandamus
a court order compelling a person to obey
writ of certiovari
a petition for a court to hear a case
writ of appeal
a principal way cases reach the supreme court
appellant
one who appeals a case
discretionary reviews
the ability to decide wether the supreme court wants to hear a case
litigant
one who petitions a court to review the decision of a lower court
amicus curiae (friend of the court)
is filled by individuals who are not parties in the case but still have an intrest in the case's outcome
conference handshake
before the supreme court meet in the conference the all shake hands
unanimous opinion
all the justices agree on an oppinion
majority opinion
is used if the court is split on a case
concurring opinion
if a justice votes with amajority but wishes to explain his opinion he will write it down
Dissecnting Opinion
a justice who does not vote with the majority and wishes to explain
Judicial Restraint
the historical role of the supreme court has been to interpret and apply the constitution
Judicial Activism
belives that the judges should go beyone the "four coners of the Constitution" and use it to change society
in 1973 Roe v. Wade
it became legal to have elective abortions