Judiciary Test Flashcards
(44 cards)
How was judicial review established?
Marburg v. Madison
Allows courts to rule on the constitutionality of laws and actions
Judicial review
Why do Americans rely so heavily on courts?
To resolve political questions
Most American law is based on
English common law
Deciding new cases with reference to former decisions
Precedent
The ongoing tradition of letting a case stand and using it for the basis for other rulings
Stare decisis
What are the main sources of American law?
Federal/ state constitutions, statutes, and administrative law
Judicial interpretations of common law principles, interpretations of constitution, statutory and administrative law
Case law
The dual court system is
State and federal courts
The federal court derives it power from
Jurisdiction
The federal courts power is given to them in
Article 3 of the constitution
When a case involves to people from different countries or different states
Diversity of citizenship
Cases are heard for the first time
Trial courts
Trials are reheard for an appeal
Appellate courts
Are federal courts located in every state?
Yes
When can a Supreme Court rehear cases?
If a federal question is involved
A document trying to sway the court in one way because an interest group has an interest in the ruling
Amicus Curia brief
Hears a broad range of cases
General jurisdiction
Tried cases only involving certain types of claims
Limited jurisdiction
Issued when the Supreme Court decides to grant a petition for review, it orders lower courts to send a record of the case
Writ of certiorari
The ruling with the reasons for ruling
Opinion of the court
All justices agree on a ruling
Unanimous opinion
Outlines the views on a case that the majority of the judges agree with
Majority opinion
A justice wants to point out specific points involving a case
Concurring opinion