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Chapter 10- Judiciary
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
courts of original jurisdiction where cases begin
courts that generally review only findings of law made by lower courts
authority vested in a particular court to hear and decide the issues in any particular 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.
The power vested in particular courts to review and/or revise the decision of a lower court
codes of behavior related to the protection of property and individual safety
codes of behavior related to business and contractual relationships between groups and individuals
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
courts established by Congress for specialized purposes, such as the Court of Military Appeals
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
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
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.
"Friend of the court"; amici may file briefs or even appear to argue their interests orally before the court
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.
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)
an approach to constitutional interpretation that emphasizes the Framers' original intentions
refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit