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24 terms

Chapter 10- Judiciary

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Judicial Review
power of the courts to review acts of other branches of governement and the states
Judiciary Act of 1789
Established the basic three-tired structure of the federal court system
Marbury v. Madison (1803)
case in which the Supreme Court first asserted the power of judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional
trial courts
courts of original jurisdiction where cases begin
appellate courts
courts that generally review only findings of law made by lower courts
jurisdiction
authority vested in a particular court to hear and decide the issues in any particular case
original jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
criminal law
codes of behavior related to the protection of property and individual safety
civil law
codes of behavior related to business and contractual relationships between groups and individuals
constitutional courts
Federal courts created by Congress under Article III of the Constitution, including the district courts, courts of appeals, &specialized courts such as the U.S. Court of International Trade
legislative courts
courts established by Congress for specialized purposes, such as the Court of Military Appeals
brief
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
stare decisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
senatorial courtesy
process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs
writ of certiorari
a request for the Court to order up the records from a lower court to review the case
Rule of Four
at least four justices of the Supreme Court must vote to consider a case before it can be heard
solicitor general
The fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court.
amicus curiae
"Friend of the court"; amici may file briefs or even appear to argue their interests orally before the court
judicial restraint
A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles.
judicial activism
an interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
strict constructionist
an approach to constitutional interpretation that emphasizes the Framers' original intentions
judicial implementation
refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit