POLS Ch. 14.txt

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DrChico8
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41553
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POLS Ch. 14.txt
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2010-10-11 23:33:40
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American Democracy Now Kennesaw
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POLS 1101 Ch. 14 vocab
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  1. Judiciary
    � the branch of government comprising the state and federal courts and the judges who preside over them
  2. U.S. Supreme Court
    � high court with a limited original jurisdiction whose decisions may not be appealed; it serves as the court of last resort in the U.S. judiciary
  3. Circuit Courts
    � Also known as �court of appeals� ; the middle level in the federal court structure, the court of appeals.
  4. Circuit riding
    � the practice of traveling around the circuits the early Supreme Court justices and district court judges to hear appeals cases
  5. Court of Appeals
    � intermediate appellate courts in the federal system that review previous decisions made by the courts in the federal or state judicial systems
  6. Litigation
    � the process by which cases are bought and decided in the American legal system
  7. Plaintiff
    � the party bringing the case to court
  8. Defendant
    � the person defending himself or herself against a plaintiff�s accusation
  9. Civil Law Cases
    - a conflict between private individuals in which the plaintiff alleges that some action or inaction by the defendant has resulted in harm to him or her
  10. Criminal Law Cases
    � a case brought by the government or a prosecutor against a defendant, alleging that he or she has engages in conduct resulting in injury to another person, and that this injury is so significant, it harms not only the individual but also the larger society
  11. Tort
    � a wrongful act involving a personal injury or harm to one�s property or reputation
  12. Petitioner (appellant)
    � the party seeking to have a lower court�s decision reviewed by an appellate court
  13. Respondent (appellee)
    - the party opposing the hearing of a case by an appellate court
  14. Common law
    - law made by judges who decide cases and articulate legal principles in their opinions; based on the British system
  15. �Stare decisis�
    � (let the decision stand); the principle that binds judges to rely upon the holdings of past judges in deciding cases.
  16. Precedent
    � legal authority established by earlier cases
  17. Code law
    � laws created by legislators to regulate the behavior of individuals and organizations
  18. Constitutional Law
    � the body of law that comes out of the courst in cases involving the interpretation of the Constitution
  19. Statutes
    � a law enacted by Congress or State legislatures to deal with particular issues or problems, sometimes more detailed and comprehensive than the common law
  20. U.S. Code
    � a compilation of all the laws passed by the U.S. Congress
  21. judicial Decisions
    � when a judge of panal of judges decide a case, they sometimes write an opinion that justifies their decision and explains how they have applied principles of decision
  22. Executive Orders
    � presidents can say WHO/WHAT
  23. Dual-Court System
    - a two-part judicial system such as that the United States, which has both federal and state courts
  24. Trial Court
    - the court in which a case first heard + which determines the facts of a case
  25. Jurisdiction
    � the power of a court to hear a case and to resolve it, given to a court by either a constitution or a statute
  26. A federal question
    - a question of law based on interpretation of the US Constitution, federal laws, or treaties
  27. Diversity of citizenship
    � the circumstance in which the parties in a legal case are from different sates or the case involves a us citizen and a foreign government
  28. Original jurisdiction
    - he power of a court to hear a case first, before other courts have decided it
  29. Appellate jurisdiction
    � the authority of a court to review the decision reached by another court in a case
  30. Justices
    � any of the 9 judges who sit on the Supreme Court
  31. Chief Justice
    � head justice
  32. Senatorial Courtesy
    - a custom that allows senators from the president�s political party to veto the president�s choice of federal district court judge In the senators state.
  33. Symbolic Representation
    � the attempt to ensure that the Supreme Court includes representatives of major demographic groups, such as women, African-American, Jews, and Catholics
  34. Collegial Court
    - a court made up of a group of judges who must evaluate a case together + decide on the outcome; significant compromise and negotiation take place as members try to build a majority coalition
  35. Pool memos
    - description written by Court clerks of the facts of a case files with the Courts, the pertiments legal arguments, and a recommendation as to whether the case should be taken
  36. Discuss list
    - compiled by the chief justice, the list of cases on review that he thinks may be appropriate for the court to hear
  37. Writ of �certiorari�
    � Latin for �request to make certain�; this is an order to a lower court to produce a certified record of a case so that the appellate court can determine whether any errors occurred during trial that warrant review of the case
  38. Rule of Four
    � practiced by which the Supreme Court justices determine if they will hear a case if four or more justices want to hear it
  39. Brief - a document detailing the legal argument for the desired outcome in a court case
  40. �Amicus curiae� brief �
    �friend of the court� brief; document submitted by parties interested in a certain case or issue in an attempt to provide the court with information that may be used to decide the case
  41. Oral argument
    - the stage when appeals courts judges or Supreme Court justices meet with the petitioner and the respondent to ask questions about the legal interpretations or information contained in their briefs
  42. Concurring opinions
    � judicial opinion agreeing with how they majority decides the case but disagreeing with at least some of the legal interpretations or conclusions reached by the majority
  43. Dissenting opinion
    � judicial opinion disagreeing both with the majority�s disposition of a case and with their legal interpretations and conclusions.
  44. Judicial Activism
    - an approach to judicial decision making where by judges apply their authority to bring about specific social goals

  45. Judicial restraint
    • - an approach to judicial decision making where by judges defer to the democratically elected legislative + executive branches of government (the limiting of their own power as judges)

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