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42 terms

Fraser AP Government Chapter 14

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original jurisdiction
Term used to describe the court's power to initially try a case. Courts in which cases are first heard.
appellate jurisdiction
Term used to describe courts whose role is to hear appeals from lower courts.
senatorial courtesy
A check placed on the president by which candidates for the federal bureaucracy must first be approved by a vote within the Senate.
judicial restraint
Term referring to the actions of a court that demonstrates an unwillingness to break with precedent or to overturn legislative and executive acts
judicial activism
Term referring tot he actions of a court that frequently strike down or alters acts of the executive and or legislative branches.
judicial review
The power of the Supreme Court to declare laws and executive actions unconstitutional.
Marbury v. Madison
Supreme Court Decision that established judicial review.
writ of ceritorari
A legal document issued by the Supreme Court to request the court transcripts of a case. This indicates that the Supreme Court will review a lower courts decision. 4 judges are needed to approve.
justiciable
Cases that have an actual legal dispute.
standing
Petitioner of a case must have a vested interest in the case for it to be brought before the court.
John Marshall
The most influential justice in the early years of the Supreme Court.
Fletcher v. Peck (1810)
Judicial review can be applied to state laws as well as Federal law.
McCulloch v. Maryland
States cannot tax the national bank. The Federal government throught the elastic clause may have a national bank. Reiforces the supremacy clause.
Gibbons v. Ogden
Anything concerning interstate trade could potentially be regulated by the federal government.
Amicus curiae
A friend of the court brief. A means by which a person who has an interest in a case but is not directly involved can present arguments in favor of one side.
bloc voting
A pattern of voting behavior of two of more justices.
civil law
Rules defining relationships among private citizens.
class action suit
A means by which one who has been injured can bring action on behalf of all similarly situated.
constitutional court
A court established under Article III of the Constitution.
criminal law
The body of rules defining offenses that are considered to be offenses against society as a whole.
diversity case
Litigation in which a citizen of one state sues a citizen of another state and the amount of money in dispute is over $50,000.
Dred Scott v. Sandford
A ruling that declared that Negroes could not be federal citizens.
fee shifting
The practice authorized by statutes, under which the plaintiff is enabled to collect costs from the defendant if the latter loses.
Friday conference
The meeting at which the justices vote on cases that they have recently heard.
political question
An issue the Court refuses to consider believing the Constitution intends another branch to make the decision.
solicitor general
An individual who represents the federal government before the SUpreme Court.
stare decisis
Let the decision stand. The rule of precedent in court cases.
strict constructionist approach
The idea that judges should confine themselves to applying those rules stated in or clearly implied by the language of the Constitution.
brief
A legal document prepared by an attorney representing a party before a court.
concurrent opinion
A Supreme court opinion by one or more justices who agree with the majority's conclusion but for different reasons.
courts of appeal
The federal courts with the authority to review decisions by a federal district court, regulatory commission, and certain other federal courts.
dissenting opinion
A Supreme Court opinion by one or more justices in the minority to explain the minority's disgreement with the court's ruling.
district court
The lowest federal courts, where federal cases begin and the only federal courts in which trials are held.
federal question cases
Cases concerning the Constitution, federal law, or treaties over which the federal courts ahve jurisdiction as described in the Constitution.
in forma pauperis
A procedure whereby a poor person can file and be heard in court as a pauper, free of charge.
legislative court
A court created by Congress for some special purpose.
litmus test
A way of finding out what a person's views are on a controversial question.
opinion of the court
A supreme Court opinion written by one or more justices in the majority to explain the decision of the case.
per curiam opinion
A brief, unsigned opinion issued by the Supreme Court to explain its ruling.
plaintiff
The party that initiatesa lawsuit to obtaina remedy for an injury to her or his rights.
remedy
A judicial order preventing or redressing a wrong or enforcing a right.
sovereign immunity
The doctrine that a citizens cannot sue the federal government without its consent.