Poli Sci Ch. 10 Vocabulary
Terms
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- Power of the courts to review acts of other branches of government and the states.
- judicial review
- Case in which the Supreme Court first asserted the power of the judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional
- Marbury v. Madison
- Courts of original jurisdiction where cases begin.
- trial courts
- Courts that generally review only findings of law made by lower courts.
- appellate courts
- Authority vested in a particular court to hear and decide the issues in any particular case.
- jurisdiction
- The jurisdiction of courts that hear a case first, usually in a trial.
- original jurisdiction
- The power vested in an appellate court to review and/or revise the decision of a lower court.
- appellate jurisdiction
- Codes of behavior related to the protection of property and individual saftey.
- criminal law
- Codes of behavior related to business and contractual relationships between groups and individuals.
- civil law
- Federal courts specifically created by the US Constitution or by Congress pursuant to its authority in Article III
- constitutional courts
- Courts established by Congress for specilized purposes, such as the Court of Military Appeals.
- legislative courts
- A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
- brief
- Prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature.
- precedents
- In court rulings, a reliance on past decisisons or precedents to formulate decisions in new cases
- stare decisis
- Process by which presidents generally defer selection of district court judges to the choice of senators of their own part who represent the state where the vacancy occurs.
- senatorial courtesy
- An approach to constitutional interpretation that emphasizes the Framer's original intentions.
- strict constructionist
- A request for the Court to order up the records from a lower court to review the case.
- writ of certioari
- At least four jusitices of the Supreme Court must vote to consider a case before it can be heard.
- Rule of Four
- The fourth-ranking member of the Department of Justice; responsible for handling all appeals on behalf of the US government to the Supreme Court.
- solicitor general
- "Friend of the court"; amici may file briefs or even appear to argue their interests orally before the court.
- amicus curiae
- A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles.
- judicial restraint
- A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty
- Judicial activism
- Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.
- judicial implementation