Judicial Unit Flashcards
(28 cards)
Criminal Case
Violates criminal law, codes of behavior related to the protection of property and individual safety.
Civil Case
Violates civil law, codes of behavior related to business and contractual relationships between groups and individuals
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction.
Appellate Jurisdiction
The power vested in an appellate court to review and/or revise the decision of a lower court
Litigant
A plaintiff or a defendant in a case.
Class Action Suit
Cases which permit a small number of people to sue on behalf of all other people similarly affected
Senatorial Courtesy
A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs. Confers with federal judicial appointments.
District Court
Handle 90% of all federal cases, uses of grand juries, A petit (trial) jury decides the outcome, Use of magistrates to issue warrants, hold preliminary hearings, and set bail, original jurisdiction, May try civil, criminal, or constitutional cases, Decisions may be appealed to Courts of Appeals, Lots of turnover among judges (moving up or out), the entry point for most federal litigations
Circuit Court of Appeal
13 in United States, Cases are tried by a panel of three judges, except when all judges of a Circuit Court hear a case “en banc.” (Entire group of judges of the court – more than just the panel), appellate jurisdiction, Decisions may be appealed to the Supreme Court, courts which have the power to review all final decisions of district courts, except in instances requiring direct review by the Supreme Court
U.S. Supreme Court
Final interpreter for the U.S. Constitution, ensures uniformity in the interpretation of national laws and the constitution, resolves conflicts among the states, and maintains supremacy of the national law in the federal system
Writ of Certiorari
A request for the Court to order up the records from a lower court to review the case
Solicitor General
4th in gov heirarchy. Responsible for handling all appeals on behalf of the US government to the Supreme Court
Amicus Curiae Brief
“Friend of the court”; a third party to a lawsuit who files a legal brief for the purpose of raising additional points of view in attempt to influence a courts decision
Opinion (types)
A statement of the legal reasoning behind the decision –> Dissenting, Concurrence, Unanimous, Majority
Concurrence
An opinion that supports the majority decision, but also stresses a different constitutional or legal basis for the judgment
Dissent
An opposing opinion to all or part of the majority’s decision
Stare Decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
Precedent
Prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Judicial Restraint
A philosophy of judaical decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles.
Judicial Activism
A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty
Statutory Construction
A procedure in which the legislature passes legislation that clarifies existing laws so that the clarification has the effect of overturning the court’s decision. How we look at a decision
Original Intent
The theory that judges should determine the intent of the framers and decide in line with their intent.
Strict Constructionism
An approach to the constitutional interpretation that emphasizes the Framers’ original intentions
Standing
Litigants must have serious interest (sustained direct and substantial injury) from a party in a case
