POLS-210 Flashcards
(23 cards)
Judicial Review
Power of the Supreme Court to review acts of Congress and the President to determine their constitutionality.
Certiorari Jurisdiction
To be more fully informed. This is where parties try to persuade the justices to hear their case.
Cert Pool
Pool of law clerks established in 1973 to deal with petitions.
Writ of Certiorari
Decision by the Supreme Court to hear a case.
Amicus Curiae
“Friend of the court” Interested individuals who are not parties in the case.
Justiciability
Types of matter the court can/will adjudicate.
Norms
Shared rules or guidelines that prescribe the behavior that is appropriate in a given situation.
Jurisdiction
Authority to adjudicate a case.
Original Jurisdiction
Jurisdiction to hear a case for the first time.
Appellate Jurisdiction
Authority to review a lower courts decision.
Repeat Player
More often a corporate or government entity. (Prosecuting Attorney, Landlord)
One-Shotter
An individual who rarely deals with the legal system. (Divorced Couple, Criminal Defendant)
Stare Decisis/Precedent
Let the decision stand.
Constitutional Law
Prevailing meaning of the Constitution as found in decisions of the U.S. Supreme Court.
Natural Law
From some higher law of nature or metaphysical perspective.
Statutory Law
Written laws that are enacted by the legislative body.
Administrative Law
Often, administrative agencies are created to handle various societal needs.
Article III Courts vs. Article I Courts
Article III Courts
Constitutional Courts: Nominated by the President, Confirmed by the Senate, Life Tenure (Good Behavior)
Article I Courts
Legislative Courts: Nominated by the President, Confirmed by the Senate, Serve 15 Years (Mostly)
The Bar
Collective noun for those who call themselves attorneys.
The Bench
Collective noun for courts and judges.
American Bar Association
Founded in 1878, represents the legal community nationally.
Bates and O’Steen vs. State Bar of Arizona (1977) Senatorial Courtesy
Two lawyers open a legal clinic aimed at mid-class clientele. Goal to provide low priced services in simple areas of law in a high volume.
Originalism/Strict Construction
The judicial interpretation of the constitution that aims to follow the original intentions of those who drafted it.