chapter 10 the Judiciary

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  1. amicus curiae
    “Friend of the Court”; amici may file briefs or even appear to argue their interests orally before the court.
  2. appellate courts
  3. appellete jurisdiction
  4. brief
    A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
  5. civil law
    Codes of behavior related to business and contractual relationships between groups and individuals.
  6. constitutional courts
    Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III. Ex. Supreme Court.
  7. criminal law
     codes of behavior related to the protection of property and individual safety.
  8. judicial activism
    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.
  9. judicial implentation
    Refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit. (Ex. Brown V. Board of Education)
  10. judicial restraint
    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
  11. judicial review
    Power of the courts to review acts of other branches of government and the states.
  12. judiciary act of 1789
    Established the basic three-tiered structure of the federal court system. At the bottom are federal district courts, then the circuit courts, and finally the Supreme Court of the United States.
  13. jurisdiction
  14. legislative courts
     Courts established by Congress for specialized purposes. Ex. Court of Military Appeals.
  15. Marbury v. Madison (1803)
    Case in which the Supreme Court first asserted the power of judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional. Opened up judicial review of congressional legislation and has since been utilized very often.
  16. original jursidiction
  17. precedent
    Prior judicial decisions that serve as a rule for settling subsequent cases of  a similar nature.
  18. rule of four
    At least four justices of the Supreme Court must vote to consider a case before it can be heard.
  19. Senatorial Courtesy
    Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs.
  20. Solicitor General
    the fourth ranking member of the Department of Justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court.
  21. stare decisis
     In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases. Allows for predictability in court rulings, however they don't always follow these decisions, leading to much litigation due to conflicting rulings.
  22. Strict Constructionist
    An approach to constitutional interpretation that emphasizes the Framer's original intentions.
  23. trial courts
  24. writ of certiorari
    a request for the court to order up the records from a lower court to review the case.
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chapter 10 the Judiciary
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