Ch 9: The Judiciary Flashcards Preview

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Flashcards in Ch 9: The Judiciary Deck (22):
1

jurisdiction

the ability to hear a case

2

original jurisdiction

the ability to hear a case first

3

appellate jurisdiction

the ability to hear an appealed case

4

Judiciary Act of 1789

established 3 court system

5

judicial review

the power of the courts to overlook actions by other branches of the government

6

Marbury v. Madison (1803)

established judicial review

7

trial court

lowest level of National court system-original jurisdiction only

8

appellate court

second level of National court system-appellate jurisdiction only

9

constitutional courts

courts specifically created by the constitution through Article III

10

legislative courts

courts established by Congress for specialized cases

11

brief

a document submitted to the court by either side in a case prior to the hearing or trial

12

precedent

an unwritten law established by the Court through judicial decisions

13

stare decisis

lower court rulings hold

14

senatorial courtesy

the president allowing senators to voice their opinion of a candidate for judgeship before he is nominated

15

writ of certorari

a Supreme Court document saying they will hear a case and all documents must be submitted to them

16

Rule of Four

four SC justices must agree to hear a case before it can be heard on the Supreme Court

17

solicitor general

attorney for the US in Supreme Court cases involving the US

18

amicus curiae

a friend of the court brief, a document submitted from a third party, namely an interest group, trying to persuade the court to rule one way or another

19

judicial restraint

making rulings according to the law

20

judicial activism

making decisions based on personal beliefs

21

strict constructionist

interpreting the Constitution as it was originally written

22

judicial implementation

how judicial decisions are implemented into public policies