The National Judiciary Flashcards
(24 cards)
Original Jurisdiction
Lower courts have the authority to hear cases for the 1st time.
Appellate Jurisdiction
Courts that hear reviews or appeals of decisions from the lower courts.
Concurrent Jurisdiction
Allows certain types of cases to be tried in either the federal or state courts.
Constitutional Courts
The federal courts created by Congress under Art. 3 and the Supreme Court.
District Courts
Lowest level of federal courts, where federal cases begin and trials are held.
Courts of Appeals
Federal courts that review decisions of federal district courts, regulatory commissions, and other federal courts.
Legislative Courts
Courts created by Congress for a specialized purpose w/ a narrow range of authority.
Senatorial Courtesy
The practice of allowing senators from the president’s party who represent the state where a judicial district is located, to approve/disapprove potential nominees for the federal lower courts.
Rule of Four
Requirement that a case can only be heard by the Supreme Court of four justices vote to hear the case.
Brief Orders
The returning of a case to a lower court bc a similar case was recently decided.
Writ of Certiorari
Order by the court directing a lower court to send up the records of a case for review.
Certificate
A lower court asks the SP about a rule of law or procedure.
Brief
Legal document submitted to the court setting forth the facts of a case and supporting a particular position.
Amicus Curiae Brief
Friend of the court; interested groups may be invited to file legal briefs supporting/rejecting arguments of the case.
Majority Opinion
The majority of justices agree on the decision and the reasons for the decision.
Concurring Opinion
Justice or justices who agree w/ the majority’s opinion but not w/ the reason behind the decision.
Dissenting Opinion
Justice or justices who disagree with the majority opinion.
Precedents
Standards or guides based on prior decisions that serve as a rule for setting similar disputes.
Executive Privilege
The right of the president to w/hold info from Congress or refuse to testify; limited by the SP in US v. Nixon.
Judicial Activism
The court should play an active role in determining national policies.
Judicial Restraint
Holds that the court should avoid taking the initiative on social and political questions, operating strictly w/in the limits of the Constitution.
Strict Constructionist
The view that justices should base decisions on a narrow interpretation of the Constitution.
Loose Constructionist
The belief that judges should have freedom in interpreting the Constitution.
Jurisdiction
The authority of the courts to hear certain cases.
