what act of Congress established the structure of the federal court system
Judiciary Act of 1789
courts which Congress has created by its authority under Article III
constitutional courts
which are the most active of the federal judiciary courts
United States District Court
what Constitutional amendment prevents a citizen of one state from suing another state
11th Amendment
what court has no jurisdiction under Article III
legislative court
… "the right of a court to hear and decide a case."
jurisdiction
the professional interest group that has the most influence on the President and his choice of a federal judge
American Bar Association (ABA)
what is one in which the plaintiff (the person filing the lawsuit) feels he has been wronged by the defendant(the person named in the suit) and is seeking to recover something of value form the defendant
civil case
who is to examine the evidence presented by the prosecutor to determine whether there is sufficient evidence against the accused to try a case
grand jury
who actually hears the case in court
trial jury
a jury that cannot agree on a verdict is
"hung jury"
material presented as proof at a trial
evidence
the attorneys set of standards governing the admission of evidence into the court proceedings
Rules of Evidence
evidence obtained illegally is not admissible in a court of law
Exclusionary Rule
a request that a higher court review the case records and verdict of the lower court
appeal (writ of certiorari)
what courts handle the appeals from federal district courts
United States courts of Appeals
what is featured directly above the judges' bench in he marble Court Chamber of the Supreme Court Building.
Ten Commandments
the right of the Court to declare a law, or action based upon that law, unconstitutional
judicial review
the power for a court to decide whether it will hear a case or not is
discretionary review
who was chief justice during the Marbury v. Madison case
John Marshall
a court order compelling a person to obey a power given to the Supreme Court by the Judiciary Act of 1789
writ of mandamus
who traditionally begins the review of the case in conference
chief justice
the belief (adopted by the chief justice Earl Warren) that judges should go beyond the "four corners of the Constitution and use the Constitution to change societal behavior
judicial activism
what case illustrated the radical activism of the Burger Court
Roe v. Wade
briefs filed with the court by individuals that are not parties in a case but have an interest in the cases outcome
amicus curiae brief
final stage of the Supreme Courts decision making process
Opinion Day
the chief decision makers of the federal judiciary
judges of justice
a statement of an individual citizen's legal privileges
bill of rights
what group lent final support for ratification of the Constitution in Virginia
Baptists
what are the three Lemon test criteria
the law must have a secular purpose
the law's primary effect must be neutral toward religion
the law must not foster an excessive entanglement of government with religion
what court case brought about the Lemon Test
Lemon v. Kurtzman
what was the first free exercise case
Reynolds v. United States
the restraint or censorship of material before it is published; prohibited by First Amendment
prior restraint
false speech
slander
false writing
libel
what right does the third Amendment guarantee one in regard to his home
property rights
restricts the sale of handguns by requiring a waiting period for the purchase of a handgun
Brady Law
a written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place
warrant
declared the slaves within the Confederacy to be free
Emancipation Proclamation
the idea that the supreme court should interpret and apply the constitution according to the original understanding of those who wrote and ratified it