Chapter 9 Flashcards
Where does it specify judicial power?
Article 3, section 2
The authority vested in a particular court to hear and decide the issue in a particular case
Jurisdiction
What are the two types of jurisdiction?
Original and Appellate
The jurisdiction of courts that hear a case first; determines facts first
Original Jurisdiction
Who has original jurisdiction over state gov and public officials?
Supreme Court
The power vested in particular courts to review and/or revise the decision of a lower court
Appellate Jurisdiction
Specifies that all federal crimes, except impeachment, shall be tried by jury in the state which the crime was committed
Article 3, Section 2
Defines treason and mandates that at least 2 witnesses appear in such cases
Article 3, section 3
Established the basic three-tiers structure of the federal court system
Judiciary Act of 1789
The power of the courts to review acts other branches of gov. and the states; claimed the SC as the final arbiter
Judicial review
First asserted the power of judicial review by finding that the congressional statute extending the Court’s original jurisdiction was unconstitutional
Marburg v. Madison
Bottom of the tier?
Trial courts
Middle tier?
Appellate court
Fed courts specifically created by the US constitution or by congress in purstruant to its authority in article 2
Constitutional Courts
Established by congress for specialized purposes
Legislative courts
Document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
Brief
Rules for settling subsequent cases of similar nature
Precedents
Reliance on past decision or precedents
State decisis
Process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
Senatorial courtesy
A request for the SC to order up the records up the records from a lower court to review the case
Writ of Certiorari
At least 4 justices hear a case
Rule of 4
The 4th ranking member of the department of justice; responsible for handling nearly an appeals on behalf of the US gov to the Supreme Court
Solicitor General
File briefs or even appear to argue their interests orally before the court
Amiscus curiae; friend of the court
Philosophy of judicial decision making that posits courts should allow decisions of other branches of gov. to stand, even when they offend a judge’s principles
Judicial restraint