Card Set Information

2010-11-08 23:24:56
judicial branch

ch. 10
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  1. judicial implementation
    How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties of the lawsuit.
  2. strict constructionist
    An approach to constitutional interpretation that emphasizes the Framers' original intentions.
  3. judicial activism
    A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty.
  4. 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.
  5. amicus curiae
    “Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.
  6. 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.
  7. Rule of Four
    At least four justices of the Supreme Court must vote to consider a case before it can be heard.
  8. writ of certiorari
    A request for the Court to order up the records from a lower court to review the case.
  9. 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.
  10. stare decisis
    In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.
  11. precedent
    A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.
  12. brief
    A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
  13. legislative courts
    Courts established by Congress for specialized purposes, such as the the Court of Military Appeals.
  14. constitutional courts
    Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.
  15. civil law
    Codes of behavior related to business and contractual relationships between groups and individuals.
  16. criminal law
    Codes of behavior related to the protection of property and individual safety.
  17. appellate jurisdiction
    The power vested in particular courts to review and/or revise the decision of a lower court.
  18. original jurisdiction
    The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of the case.
  19. jurisdiction
    Authority vested in a particular court to hear and decide the issues in any particular case.
  20. appellate court
    Court that generally reviews only findings of law made by lower courts.
  21. trial court
    Court of original jurisdiction where cases begin.
  22. Madbury v. Madison
    Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional.
  23. Judiciary Act of 1789
    Established the basic three-tiered structure of the federal court system.
  24. judicial review
    Power of the courts to review acts of other branches of government and the states.