Judiciary Flashcards

(34 cards)

1
Q

Jurisdiction

A

a given court’s authority to hear cases of a particular kind. Jurisdiction may be original or appellate.

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2
Q

Original Jurisdiction

A

the authority of a given court to be the first to hear a case

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3
Q

Appellate Jurisdiction

A

the authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party

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4
Q

Precedent

A

a judicial decision that serves as a rule for settling subsequent cases of a similar nature

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5
Q

Stare decisis

A

the power of the precedent- let the previous ruling stand

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6
Q

Writ of certiorari

A

permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling

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7
Q

Opinion of the court

A

a court’s written explanation of its decision which serves to inform others of the legal basis for the decisions

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8
Q

majority opinion

A

opinion of the court

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9
Q

Plurality Opinion

A

a court’s opinion that results when a majority of the justices agree on a decision in a case but do not agree on the legal basis for the decision.

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10
Q

Concurring Opinion

A

agree with the ruling of the majority opinion but modify supportive reasoning

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11
Q

Dissenting Opinion

A

minority opinion

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12
Q

Per curiam belief

A

(a kind of court opinion) brief and unsigned

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13
Q

Circuit Court

A

circuit courts deal with all appeals of decisions made in district courts for both civil and criminal cases

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14
Q

Senatorial courtesy

A

appointees for federal courts are reviews by senators from that state, if the senators are of the president’s party

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15
Q

Criminal Law

A

laws governing acts deemed illegal and punishable by government, such as robbery

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16
Q

Procedural Law

A

laws governing the legal process and define proper courses of action by government and private parties

17
Q

Civil Law

A

laws governing relations between two parties

18
Q

Statutory Laws

A

courts are bound by laws made in congress unless the laws violate the constitution

19
Q

Compliance

A

the issue of whether judicial decisions will be respected and obeyed

20
Q

Judicial Activism

A

describes judicial rulings suspected of being based on personal or political considerations rather than on existing law

21
Q

Judicial Restraint

A

a judicial philosophy in which judges play minimal policy making roles, leaving that duty strictly to the legislators.

22
Q

Loose Constructionism

A

judges should look to the underlying principles of the constitution

23
Q

Strict Constructionism

A

judges are bound by the wording of the constitution. the constitution is taken to only have literal meaning

24
Q

in forma pauperis

A

a request to have a court wave filing fees in a civil action because the plaintiff is poor

25
constitutional court
created by the constitution; exercise judicial powers found in Article III
26
legislative court
created by Congress for specialized purposes, judges have fixed terms and can be removed, no salary protection
27
litmus test
a standard that a president may use when selecting federal judges and justices
28
Judicial Independence
concept that the judicial branch must be kept away from other branches of government should as not to become more political (stay away from partisan interests)
29
Federal question cases
involving US constitution, federal law, treaties
30
Diversity cases
involving different states or citizens
31
Standing
guidelines involving who is being entitled to bring a case
32
Solicitor General
counsel for the federal government; decides what cases the government will appeal rom lower courts and approves every case presented to the Supreme Court
33
Chief Justice John Marshall
led the SCOTUS to several decisions that increased the power of the federal government and elevated the status of the court
34
Name all current justices of the SC
``` John Roberts Anthony Kennedy Clarence Thomas Either Bader Ginsburg Stephen Breyer Samuel Anthony Alito Sonia Sotomayor Elena Kagan ```