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AP Government Chapter 12: The Judiciary
Terms in this set (36)
Amicus Curiae Brief
Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
Authority of court to review a decision of a lower court or administrative agency.
Head of the Justice Department and the chief law enforcement officer of the United States
The decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction.
Class Action Lawsuit
Lawsuit brought by an individual or group of people on behalf of all those 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.
majority rules but in favor for different reasons in the supreme court
Department of Justice
Department that represents the government in legal matters. Headed by the Attorney General.
an opinion disagreeing with the majority decision in a Supreme Court ruling
In a criminal action, the person or party accused of an offense.
In Formua Pauperis
A method whereby a poor person can have his or her case heard in federal court without charge
A judicial order forcing a person or group to refrain from doing something.
An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.
The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional. Established in Marbury v. Madison (informal amendment to Constitution)
Philosophy proposing that judges should interpret the constitution to reflect what the framers intended and what its words literally say
A test of ideological purity, a way of finding out whether a person is a liberal or conservative or what his or her views are on a controversial question
a statement that presents the views of the majority of supreme court justices regarding a case
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
phrase used to distinguish an opinion of the whole court from an opinion written by any one judge
A decision of another court which is influential but not binding.
A party that initiates a lawsuit in appeals.
A person or party filing a lawsuit
(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge
A decision in a previous court case that is used as the basis for a decision in a similar case.
the individual who responds to an appellate case, claiming why and how the lower court ruled correctly
Rule of Four
Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.
the government is protected from suit unless it permits such a claim.
Let the decision stand; decisions are based on precedents from previous cases
a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take
Final federal appellate court ("court of last resort"). Hears appeals from Circuit Courts (certiorari petition / rule of 4). Only hears "important" constitutional cases.
Intentional or unintentional acts performed by an individual and based on unreasonable conduct
US Circuit Court of Appeals
hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters
US District Courts
Trial courts in the federal court system in which almost all federal case begin; courts of general jurisdiction
Writ of Certiorari
An order by a higher court directing a lower court to send up a case for review
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