chapter 13

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chapter 13
2010-02-16 19:41:03

key terms
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  1. Judicial Review
    Power of the courts, specially the supreme court, to declare laws of congress, laws of the states, and actions of the president unconstitutional and invalid.
  2. Judicial self-restraint:
    Self-imposed limitation on judicial power by judges deferring to the policy judgments of elected branches of government
  3. Judicial Activism:
    Making of new law through judicial interpretation of the constitution.
  4. Stare decisis:
    Judicial precept that the issue has already been decided in earlier cases and the earlier decision need only be applied in the specific case before the bench, latin word “decision stands”.
  5. Precedent:
    Legal principle that previous decisions should determine the outcome of current cases, the basis for stability in law
  6. Original jurisdiction:
    Refers to a particular court’s power to serve as the place where a given case is initially argued and decided
  7. Appeal
    In general, request that a higher court review cases decided at a lower level.
  8. Adversarial System
    Method of decision making in which an impartial judge or jury or decision maker hears arguments and reviews evidence presented by opposite sides.
  9. Writ of certiorari:
    Writ issued by the supreme court, at its discretion, to order a lower court to prepare the record of a case and send it to the Supreme Court for review.
  10. Rule of four
    At least four justices must agree to hear an appeal from a lower court in order to get a case before the Supreme Court.