Chapter 2 Flashcards
(25 cards)
Judicial Review
The Power courts hold to determine the constitutionality of laws
Strict Constructionalists
Those who interpret legal texts narrowly. A constructionist is someone who approaches the words of the Constitution hyper-literally, without considering the statute itself or how that word is approached in the legal world. No JUDICIAL REVIEW
Originalist
Believe that the constitution should be interpreted based on what it meant when it was adopted. opposes Living constitutionalism. Antonin Scalia
Judicial Activist
Courts go beyond law and consider broader societal implications, Constitution is a living document. RBG
Subject matter jurisdiction
A courts authority to hear a certain case. Location, Bankruptcy court hears those types of cases Probate - administering dead persons property
Federal question
A case involving a federal law or constitution gives rise to SMJ in Federal courts
Original jurisdiction
Small category of cases, allows Fed courts to hear on the first time, not on Appeal.
Diversity jurisdiction
The power of federal courts to hear a case based on state law if all plaintiffs are from different states than all defendants and damages claimed exceed $75,000
Removal
Moving state court case to federal case based on diversity jurisdiction
The Federal Court System
Supreme Court - US Courts of Appeal - US District Court
The State Court System
Supreme Court - State Supreme Courts - Intermediate Appellate Courts - State Trial Courts
Trial record
The transcript of all proceedings related to litigation in a trial court, along with accompanying paperwork.
Bench trial
Case heard only by the judge, where the judge is a trier of law and fact.
Trier of fact
Fact-finding entity, Mainly the Jury other than ^
Question of law
Strictly legal issues, such as which evidence to admit, resolved by a judge. If a case has all relevant facts available, judge must apply law.
Remand
Sending a case back to trial court on the success of an appeal, will then follow the instructions of the appellate court.
The Supreme Court
THE SUPREME - judges on for a lifetime, decided by presidents, highly political
Writ of certiorari
A petition filed to the Supreme court - why they should hear the case.
Rule of four
4 of 9 SC judges need to approve writ to hear the case.
Amicus brief
Friend-of-the-court, filed by non-litigants mainly to sway the court.
Majority opinion
Opinion of the court, written by a single judge, and joined by other judges who voted same.
Dissenting opinion
opinion of a judge who voted on the ‘other’ side.
Concurring opinion
Opinion written by someone who agrees with majority outcome, but disagrees on the reasoning that got them there.
Torts
Civil wrong other than breach of contract
