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Flashcards in Ch 8 - The Judicial Branch Deck (44):
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First bill introduced in senate

Judiciary act of 1789

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Constitutional courts

Those which congress has created by its authority under article 3

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Jurisdiction

The right of a court to hear and decide a case

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3 areas where constitutional courts have jurisdiction

1) the constitution
2) federal laws and treaties
3) admiralty and maritime matters

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5 parties over whom federal courts have jurisdiction

1) ambassadors and foreign consuls
2) the United States
3) a controversy between two states
4) a controversy between two citizens of different states
5) a controversy between a state or citizen and a foreign government

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Legislative court

Created by congress to handle appeals from specific cases arising from the powers granted to Congress

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Chief decision makers of the federal judiciary

Judges

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Professional interest group that has the most influence on the President

American Bar Association

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American Bar Association

Established in 1878 as a voluntary association of lawyers, judges, and teachers to foster high standards of jurisprudence

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Plaintiff

The one filing the lawsuit

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Defendant

The person named in the suit

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Civil case

Plaintiff feels he has been wronged by the defendant and is seeking to recover compensation from him (usually financial)

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Criminal case

Government is plaintiff and brings legal action against defendant because he has wronged society with his behavior

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Trial

An official examination in a court of law

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The most active if the federal judiciary courts

The United States District Courts

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Grand jury

Examines the evidence to determine whether there is sufficient evidence to try a case

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Indictment

A formal accusation against the accused

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Acquittal

Sets the accused free immediately because the grand jury has decide there is not enough evidence to try the case

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Trial/petit jury

Heard the case in court

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Rules of evidence

Standards governing the admission of evidence into federal court proceedings

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Evidence

Material presented as proof at a trial

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Direct evidence

Evidence given by someone who witnessed the crime

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Circumstantial evidence

Conclusions deduced from facts about a case

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Demonstrative evidence

Objects that relate to a case

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Exclusionary rule

Evidence obtained illegally is not admissible in a court of law

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Appeal

A request that a higher court review the case records and verdict of a lower court

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Appellate jurisdiction

The right of a court to review the ruling of a lower court

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Brief

Lawyers written argument

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Precedents

Past decisions involving similar cases

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Judicial review

The right of the court to declare a law or action based upon that law unconstitutional

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Marbury v. Madison

Asserted for the court the right of judicial review

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Writ of certiorari

A petition that a court hear an appeal of a case

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Discretionary review

Power to decide whether or not it will hear a case

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Th Courts most important tool in checking and balancing the other branches

Judicial review

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Amicus curiae

Briefs written by people who are not parties in a case but still have an interest in the cases outcome

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Solicitor general

Represents the United States before the Supreme Court

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Unanimous opinion

Issued when all judges agree on a case

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Majority opinion

If the court is split

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Concurring opinion

Justice votes with majority but wants to explain his reasoning

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Dissenting opinion

Explains reasons for disagreeing with the majority

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Final stage of supreme courts decision process

Opinion day

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Judicial restraint

Interpreting and applying the constitution as it is written and as the Framers understood it

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Judicial activism

The belief that judges should use the constitution to change societal behavior

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Court that adopted judicial activism

Warren court