The Judiciary Flashcards
(32 cards)
Amicus curiae
A brief issued by a “friend of the court” to help the defendant’s case. Typically from an expert.
Adversarial system
A judicial system in which the court if law is a neutral arena where two parties argue their differences.
Appellate jurisdiction
The authority of a court to review decisions made by lower courts
Litmus test
President finds views of appointee and if they have the same views, they’re considered, if not they’re cut out. Only used by some presidents.
Patronage
Support that one bestows to another.
Article lll
Establishes the judicial branch of the government.
Case load of the Supreme Court
See about 100 cases a year, reject most cases.
Checks by executive branch
President appoints Supreme Court and other federal judges
Checks on court by legislative branches
Creates lower courts, may remove judges through impeachment, senate approves appointments of judges
Criminal law
Crime against the public order (usually for jail time).
Civil law
Deals with relations between individuals (usually for money).
Class action suits
Multiple people sue one person for the same thing.
Dissenting
The minority (disagree with the opinion of the majority)
Concurring
The majority opinion
Unanimous
Everyone agrees
Original jurisdiction
The power to hear a case for the first time
Defendant
The person being accused
Plaintiff
The instigator/ accuser
Plea bargain
The defendant agrees to plead guilty to a lesser offense to avoid having to stand a trial for a more serious offense.
Original intent
Judges should only use the exact words of the original text to make decisions.
Precedent
All future cases that are similar will generally align with a decision.
Criteria for hearing a case
Disagreement of lower courts, a state suing another state.
Rule of four
Four justices must want to hear a case
Senatorial courtesy
President submits the names of possible appointees for approval to senators from the states in which the appointees work.
