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23 terms

Judiciary Branch

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Stuart vs Laird (1803)
Court case that decided congress does have power to change structure of judicial court but not to get rid of it or its powers.
Marbury vs Madison (1803)
Court case that created Judicial Review. This states that the Supreme Court can declare federal laws unconstitutional
McCulloch vs. Maryland (1819)
Court case that decided the Federal Government may establish a national bank without being taxed because it has the right to distribute and disperse money
Dredd Scott vs. Sanford (1857)
Court case that decided that a runaway slave was property and therefore was not entitled to pursuit of life, liberty, and property.
civil law
laws that if broken do not lead to prison, but lead to payments; they are presented by an individual group or person.
criminal law
laws that if broken lead to prison or fines to the government, they are presented by the government which serves as the prosecution.
class action
a lawsuit that is brought to court by a large group of people or a corporation, or when a class of defendants is being prosecuted.
US District Court
first court in the US court system where evidence is presented, witnesses testify, and original jurisdiction takes place.
US Court of Appeals
second court in the US court system where cases from the district courts can appeal and the appellate court has jurisdiction.
US Supreme Court
third and highest court in the US court system where a writ of certiorari is needed, and 4 votes needed to hear case.
Attorney General
The head of the US Department of Justice who is concerned with legal affairs, considered the chief lawyer of the United States government
Solicitor General
the person chosen to represent the Federal Government before the US Supreme Court
US Attorneys
the people who represent all of the US Courts
original jurisdiction
court where there is trial
appellate jurisdiction
where you hear appeals from trials
brief
each party to a case
amicus brief
not parties to case but groups/individuals interested in outcome
oral arguments
each side gets 30 minutes of this in a court case
majority opinion
all justices agree in both decision and reason
plurality opinion
all justices agree in decision but not reason
concurring opinion
justices agree somewhat in opinion and somewhat in reason
dissenting opinion
justices don't agree in either sense
senatorial courtesy
an unspoken agreement/courtesy where the president speaks with the senior US senator of his political party before appointing a justice