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Study sets matching "judiciary"

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Study sets matching "judiciary"

50 terms
The Judiciary
judicial review
Adversary system
Criminal Law
Civil law
power of court to review laws or government regulations to de…
A judicial system in which the court of law is a neutral aren…
A law that defines crimes against the public order.
A law that governs relationships between individuals and defi…
judicial review
power of court to review laws or government regulations to de…
Adversary system
A judicial system in which the court of law is a neutral aren…
the judiciary
civil cases and criminal cases
criminal law
civil law
FIR
The two kinds of cases that are heard in the trial courts
if found guilty,the accused can be sent to jail and also fined
petition is to be filed before the relevant court by the affe…
a written document prepared by the police when it recieves in…
civil cases and criminal cases
The two kinds of cases that are heard in the trial courts
criminal law
if found guilty,the accused can be sent to jail and also fined
54 terms
Judiciary
Article III
Federalist No. 78
Judicial Review
Judicial Act 1789
- Creates the Court ... - Defines Supreme Court... - Defines power/…
- Alexander Hamilton ... - Court should be weakest ... - Meant to b…
- Power of the Court to review acts of others branches of gov…
- 1791 = finishes creating ... - Legislative act establishing ba…
Article III
- Creates the Court ... - Defines Supreme Court... - Defines power/…
Federalist No. 78
- Alexander Hamilton ... - Court should be weakest ... - Meant to b…
29 terms
Judiciary
court created by congress, lower than…
authority of a court to hear a case, p…
shared power between inferior and supr…
person who files the suit
inferior courts
jurisdiction
concurrent jurisdiction
plantiff
court created by congress, lower than…
inferior courts
authority of a court to hear a case, p…
jurisdiction
30 terms
Judiciary
criminal case
civil case
docket
record
A court case in which a defendant is tried for committing a f…
A court case dealing with a non criminal dispute
A list of cases to be heard by a court
The transcript of the proceedings from a trial court
criminal case
A court case in which a defendant is tried for committing a f…
civil case
A court case dealing with a non criminal dispute
33 terms
Judiciary
Standing to Sue
Class-Action Suits
Justiciable Disputes
Amicus Curiae Briefs
A limit on the role of the judiciary and the law of Article I…
Charges advanced in a court by one or more plaintiffs on beha…
Issues capable of being settled as a matter of law
Legal briefs submitted by a "friend of the court" to influenc…
Standing to Sue
A limit on the role of the judiciary and the law of Article I…
Class-Action Suits
Charges advanced in a court by one or more plaintiffs on beha…
9 terms
Judiciary
John Roberts
Antonin Scalia
Anthony Kennedy
Clarence Thomas
Chief Justice... nominated by W. Bush
nominated by Reagan
nominated by Reagan
nominated by H.W. Bush
John Roberts
Chief Justice... nominated by W. Bush
Antonin Scalia
nominated by Reagan
36 terms
judiciary
Per curiam
Majority opinion
Concurring opinion
Dissenting opinion
unsigned opinion for the Court. Usually very short, straightf…
(opinion called the "opinion of the Court"). This reflects a…
Agrees with the result but not the reasoning. No precedential…
Disagrees with the result. No precedential value. These (and…
Per curiam
unsigned opinion for the Court. Usually very short, straightf…
Majority opinion
(opinion called the "opinion of the Court"). This reflects a…
34 terms
Judiciary
judicial review
Judiciary Act of 1789
Marbury v. Madison
trial court
power of the courts to review acts of other branches of gover…
legislative act that established the basic three-tiered struc…
case in which the supreme court first asserted the power of t…
court of original jurisdiction where cases begin
judicial review
power of the courts to review acts of other branches of gover…
Judiciary Act of 1789
legislative act that established the basic three-tiered struc…
114 terms
Judiciary
Before the courts had judicial records…
What is precedent?
What is stare decisis?
Which court has authority over all sta…
Common law- decisions based on prevailing custom... And over tim…
Decisions by courts on cases similar to the one being decided
"Stand of decided cases"... Judges follow precedent of their own…
Supreme Court
Before the courts had judicial records…
Common law- decisions based on prevailing custom... And over tim…
What is precedent?
Decisions by courts on cases similar to the one being decided
10 terms
Judiciary
Judiciary Act of 1789
Judiciary Act of 1891
Marbury v. Madison
Judicial Review
established the federal judiciary of the United States.
created the United States courts of appeals, and reassigned t…
established Judicial Review
the doctrine under which legislative and executive actions ar…
Judiciary Act of 1789
established the federal judiciary of the United States.
Judiciary Act of 1891
created the United States courts of appeals, and reassigned t…
60 terms
Judiciary
What is the only court provided for in…
Who has the power to establish other f…
What jurisdiction does the District Co…
What jurisdiction does the Court of Ap…
Supreme Court
Congress
Original jurisdiction
Appellate jurisdiction
What is the only court provided for in…
Supreme Court
Who has the power to establish other f…
Congress
32 terms
Judiciary
Constitutional Basis for Courts
Courts' Powers
What do Courts do?
What cases in which court?
ARTICLE III SECTION 1:... - The judicial power of the United…
The Supreme Court & lower courts as well as state courts exis…
- Over 80 million cases are filed in courts each year... - The…
The cases a court hears are based on a court's jurisdiction…
Constitutional Basis for Courts
ARTICLE III SECTION 1:... - The judicial power of the United…
Courts' Powers
The Supreme Court & lower courts as well as state courts exis…
32 terms
Judiciary
adversial system
appellate jurisdiction
civil law
class action suits
legal system used in the common law countries where two advoc…
the power of a higher court to review decisions and change ou…
legal system originating in Europe, intellectualized within t…
one in which a group of people with the same or similar injur…
adversial system
legal system used in the common law countries where two advoc…
appellate jurisdiction
the power of a higher court to review decisions and change ou…
16 terms
Judiciary
Where does a Judicial Review take place?
S.3
s.4
Stereotype of judges
Queens Bench of the High Court
Judges to read law to be compatible with Human Rights
Declaration of incompatibility
Old, white, male, British, 80% from oxbridge
Where does a Judicial Review take place?
Queens Bench of the High Court
S.3
Judges to read law to be compatible with Human Rights
20 terms
Judiciary
Hamilton
adversarial system
federalism
US supreme court
thought if judges exercised free will instead of judgement th…
used by the US government over the inquisitorial legal system
reason why there are state and federal courts, but state cour…
appellate jurisdiction, limited original jurisdiction
Hamilton
thought if judges exercised free will instead of judgement th…
adversarial system
used by the US government over the inquisitorial legal system
17 terms
Judiciary
The 'literal rule'
The 'golden rule'
When is precedent used?
Constitution Act s.23
Statutory words must be given their ordinary meaning
Statutory words can be given an extraordinary meaning to avoi…
When it has the same material facts and is in the same/higher…
Prevents judges from dismissal except on the ground of misbeh…
The 'literal rule'
Statutory words must be given their ordinary meaning
The 'golden rule'
Statutory words can be given an extraordinary meaning to avoi…
24 terms
Judiciary
Jurisdiction
Original jurisdiction
Appellate jurisdiction
Concurrent jurisdiction
(law) the right and power to interpret and apply the law
the authority to hear cases for the first time
The authority of a court to review decisions made by lower co…
authority for both state and federal courts to hear and decid…
Jurisdiction
(law) the right and power to interpret and apply the law
Original jurisdiction
the authority to hear cases for the first time
Judiciary
Highest courts in Texas
Death penalty cases
Which courts have jurisdiction over ma…
Civil Law vs Criminal Law
Texas State Supreme Court, Texas Criminal Court of Appeals
Criminal appeals court
The supreme court
civil deals with legally binding business/personal relationsh…
Highest courts in Texas
Texas State Supreme Court, Texas Criminal Court of Appeals
Death penalty cases
Criminal appeals court
10 terms
The Judiciary
Third organ of a democratic government
The Supreme Court is also called
Highest court of justice
Civil cases
Judiciary
The apex court
Supreme Court
Involves conflicts related to money, property and social prac…
Third organ of a democratic government
Judiciary
The Supreme Court is also called
The apex court
18 terms
The Judiciary
judicial review
Judiciary Act of 1789
trial court
appellate court
Power of the courts to review acts of other branches of gover…
Legislative act that established the basic three-tiered struc…
Court of original jurisdiction where cases begin.
Court that generally review only findings of law made by lowe…
judicial review
Power of the courts to review acts of other branches of gover…
Judiciary Act of 1789
Legislative act that established the basic three-tiered struc…
20 terms
The Judiciary
adversarial system
amicus curiae
appellate jurisdiction
civil law
A system of justice in which advocates for opposing parties e…
A Latin term meaning "friend of the court." Refers to interes…
Authority of court to review a decision of a lower court or a…
A law that governs relationships between individuals and defi…
adversarial system
A system of justice in which advocates for opposing parties e…
amicus curiae
A Latin term meaning "friend of the court." Refers to interes…
30 terms
The Judiciary
Judicial review
Adversary system
Criminal law
Civil law
The power of a court to review laws or government regulations…
A judicial system in which the court of law is a neutral aren…
A law that defines crimes against the public order.
A law that governs relationships between individuals and defi…
Judicial review
The power of a court to review laws or government regulations…
Adversary system
A judicial system in which the court of law is a neutral aren…
26 terms
The Judiciary
Judicial Review
Judicial Restraint Approach
Activist Approach
Constitutional Court
The power of courts to declare laws unconstitutional.
The view that judges should decide cases strictly on the basi…
The view that judges should discern the general principles un…
A federal court authorized by Article III of the Constitution…
Judicial Review
The power of courts to declare laws unconstitutional.
Judicial Restraint Approach
The view that judges should decide cases strictly on the basi…
29 terms
The Judiciary
The Federalist
Article 3
Inferior courts
Article 3 courts
Written by Alexander Hamilton
Establishes the constitutional courts
Name for lower federal courts
Constitutional courts or regular
The Federalist
Written by Alexander Hamilton
Article 3
Establishes the constitutional courts
29 terms
The Judiciary
Article III of the US Constitution
Concurring Opinion
Discretionary Review
Dissenting Opinion
Establishes the Judicial Branch of the Government
An opinion that agrees with the majority in a Supreme Court r…
The ability of the Supreme Court to decide whether it will he…
An opinion disagreeing with the majority decision in a Suprem…
Article III of the US Constitution
Establishes the Judicial Branch of the Government
Concurring Opinion
An opinion that agrees with the majority in a Supreme Court r…
23 terms
The Judiciary
Judicial review
Concurring opinion
Dissenting opinion
Opinion of the Court
The power of a court to refuse to enforce a law or government…
An opinion that agrees with the majority in a Supreme Court r…
An opinion disagreeing with a majority in a Supreme Court rul…
An explanation of the decision of the Supreme Court or any ot…
Judicial review
The power of a court to refuse to enforce a law or government…
Concurring opinion
An opinion that agrees with the majority in a Supreme Court r…
23 terms
The Judiciary
Judicial Reveiw
Adversary system
Criminal law
Civil law
The power of a court to refuse to enforce a law or government…
A judicial system in which the court of law is a neutral aren…
A law that defines crimes against the public order
A law that governs relationships between individuals and defi…
Judicial Reveiw
The power of a court to refuse to enforce a law or government…
Adversary system
A judicial system in which the court of law is a neutral aren…
26 terms
The Judiciary
Judicial Review
Judicial Restraint Approach
Activist Approach
Constitutional Court
The power of courts to declare laws unconstitutional.
The view that judges should decide cases strictly on the basi…
The view that judges should discern the general principles un…
A federal court authorized by Article III of the Constitution…
Judicial Review
The power of courts to declare laws unconstitutional.
Judicial Restraint Approach
The view that judges should decide cases strictly on the basi…
25 terms
The Judiciary
Amicus Curiae
Appellate jurisdiction
Burger Court
Concurring opinion
A brief submitted by a "friend of the court"
Authority of court to review a decision of a lower court or a…
the court under Chief Justice Warren Burger, who was appointe…
An opinion that agrees with the majority in a Supreme Court r…
Amicus Curiae
A brief submitted by a "friend of the court"
Appellate jurisdiction
Authority of court to review a decision of a lower court or a…
46 terms
The Judiciary
Justice Antonin Scalia
Stephen Breyer
distributive justice
corrective justice
-textualism in interpretation of constitution ... - dissented in…
-the Court should take the Constitution's democratic nature w…
-a fairness in the distribution of goods in a society... -most o…
-fairness of a response to some wrong doing or injury ... -gives…
Justice Antonin Scalia
-textualism in interpretation of constitution ... - dissented in…
Stephen Breyer
-the Court should take the Constitution's democratic nature w…
26 terms
The Judiciary
Where in the Constitution does it say…
What is meant by an "Article III" fede…
What is the difference between origina…
Why should federal judges serve for li…
Nowhere
A federal judge who benefits from Article III of the Constitu…
Original jurisdiction refers to a trial held before a court;…
The judiciary cannot be independent of the other two branches…
Where in the Constitution does it say…
Nowhere
What is meant by an "Article III" fede…
A federal judge who benefits from Article III of the Constitu…
72 terms
The Judiciary
Torts
Contracts
Family Law/Domestic Relations
Probate (statutory courts)
non contractual civil wrongs
Failure by one party to live up to the terms of that contract
Juvenal delinquency, divorce, marriage, care of children, inc…
dispute wills and appoint executor of estates
Torts
non contractual civil wrongs
Contracts
Failure by one party to live up to the terms of that contract
24 terms
The Judiciary
There are two broad distinctions of la…
___________ law is specifically create…
_____________ law, which is derived fr…
__________ law covers the broad area o…
Criminal; Civil
Statutory
Common
Constitution
There are two broad distinctions of la…
Criminal; Civil
___________ law is specifically create…
Statutory
21 terms
The Judiciary
statute law
common law
role of a judge
statutory interpretation methods
supreme form of law, legislation made by parliament
- based on precedent, overruled by legislation... - developed si…
- oversee executive... - precedent... - resolve private disputes... -…
- literal rule... - golden rule... - purposive approach
statute law
supreme form of law, legislation made by parliament
common law
- based on precedent, overruled by legislation... - developed si…
20 terms
The Judiciary
A judicial decision that establishes a…
The power of the Supreme Court is most…
Compared with the decision in a Suprem…
The federal district courts
Precedent
declare another institution's action to be unconstitutional
informs others of the Court's interpretation of the laws and…
are the chief trial courts of the federal system ... exist in e…
A judicial decision that establishes a…
Precedent
The power of the Supreme Court is most…
declare another institution's action to be unconstitutional
20 terms
The Judiciary
Marbury v. Madison was the first time…
Compared to a judge who supports judic…
What was a problem of the state court…
Who must confirm federal judges?
declared an act of Congress unconstitutional.
get involved in policy making.
Each state interpreted the laws differently.
Senate
Marbury v. Madison was the first time…
declared an act of Congress unconstitutional.
Compared to a judge who supports judic…
get involved in policy making.
17 terms
The Judiciary
Judicial Review
Criminal law
Civil law
Plea bargain
The power of a court to refuse to enforce a law or government…
A law that defines crimes against the public order.
A law that governs relationships between individuals and defi…
Agreement between a prosecutor and a defendant that the defen…
Judicial Review
The power of a court to refuse to enforce a law or government…
Criminal law
A law that defines crimes against the public order.
12 terms
Judiciary
Independent judiciary
Independence of Judiciary
Appointment of Judges
Original jurisdiction
¤Safeguards rights of the individuals, settles disputes.... ¤Pri…
¤Judges may be able to perform their functions without fear o…
¤Legislative is not involved.... ¤Actions and decisions of the j…
●Cases can be directly considered by the supreme court withou…
Independent judiciary
¤Safeguards rights of the individuals, settles disputes.... ¤Pri…
Independence of Judiciary
¤Judges may be able to perform their functions without fear o…
25 terms
Judiciary
Article1
Article2
Article3
Qualifications
Leg
Executive
Judiciary,establishes Supreme Court and lower courts
No constitution, experience in law,background in law clear he…
Article1
Leg
Article2
Executive
13 terms
Judiciary
Solicitor general
Constitutional courts
Attorney general
Restraint
The ranking member of the US department of Justice responsibl…
Category of courts vested in the general judiciary authority…
The head of the Justice Department as nations chief legal off…
The judicial action of deferring to the policies emanating fr…
Solicitor general
The ranking member of the US department of Justice responsibl…
Constitutional courts
Category of courts vested in the general judiciary authority…
54 terms
Judiciary
Obama's Supreme Court Influence
52
Executive Checks
Legislative Checks
1. Average age of 9 justices is 69.7 years old. ... 2. The Supre…
Number of court systems in the U.S.
Supreme Court has no enforcement power.
1. State/Congress can ignore it (dangerous politically).... 2. O…
Obama's Supreme Court Influence
1. Average age of 9 justices is 69.7 years old. ... 2. The Supre…
52
Number of court systems in the U.S.
26 terms
Judiciary
appellate jurisdiction
brief
civil law
compliance
The authority of a given court to review cases that have alre…
A written statement by a party in a court case that details i…
Laws governing relations with or between private parties wher…
The issue of whether a court's decisions will be respected an…
appellate jurisdiction
The authority of a given court to review cases that have alre…
brief
A written statement by a party in a court case that details i…
19 terms
The Judiciary
Who appoints the Supreme Court?
How long is SC appointment and why?
Who is the pivotal SC justice in histo…
What was the aim of taft in building t…
Nominated by the President; Confirmed by the Senate
Lifetime tenure; intended to insulate the court from the publ…
William Howard Taft; he helped to depoliticize the nomination…
"so that the American people will respect the Supreme Court t…
Who appoints the Supreme Court?
Nominated by the President; Confirmed by the Senate
How long is SC appointment and why?
Lifetime tenure; intended to insulate the court from the publ…
14 terms
Judiciary
Adversarial
Jurisdiction
Appellate
Exclusive
Involved in a conflict, or a trial
Power to make decisions legally
Power of a higher court to go over decisions and change out o…
one court has the power to declare a case to the exclusion of…
Adversarial
Involved in a conflict, or a trial
Jurisdiction
Power to make decisions legally
5 terms
Judiciary
Judiciary act of 1789
Circuit riding
Marbury V. Madison
original Judicial
- create federal court system ... - supreme court ( 6 justices )…
In the U.S., the act, once undertaken by a judge, of travelin…
- case that pits supreme court against congress and president…
the authority to hear cases for the first time
Judiciary act of 1789
- create federal court system ... - supreme court ( 6 justices )…
Circuit riding
In the U.S., the act, once undertaken by a judge, of travelin…
21 terms
Judiciary
Judicial Review
Jurisdiction
Original jurisdiction
Appellate jurisdiction
Power of the Supreme Court to declare federal legislation inv…
Ability to hear a case
Authority to hear a case first
Authority to hear a case after its already been heard
Judicial Review
Power of the Supreme Court to declare federal legislation inv…
Jurisdiction
Ability to hear a case
17 terms
Judiciary
Judicial Review
Judiciary Act of 1789
Seriatim opinions
trial courts
Review by a court of law of actions of a government official…
In 1789 Congress passed this Act which created the federal-co…
-each justice writes their own opinion
Fact finding courts, evidence presented, decision made by app…
Judicial Review
Review by a court of law of actions of a government official…
Judiciary Act of 1789
In 1789 Congress passed this Act which created the federal-co…
22 terms
Judiciary
Adversial system
Appellate jurisdiction
Civil law
Class action suits
...
A court receives a case after it was appealed
Law or rules in court
A big group of people with the same issue vs the institute
Adversial system
...
Appellate jurisdiction
A court receives a case after it was appealed
15 terms
Judiciary
Marbury V. Madison
Judicial Review
Writ of Mandamus
McCulloch v. Maryland
A case decided by the Supreme Court under Chief Justice John…
The authority of a court to declare legislative and executive…
"We command." A court-issued writ commanding a public officia…
17 U.S. 316 (1819), was a landmark decision by the Supreme Co…
Marbury V. Madison
A case decided by the Supreme Court under Chief Justice John…
Judicial Review
The authority of a court to declare legislative and executive…
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