AP Government – The Judiciary – Flashcards
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Class action suits
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a small group of people sueing a large group of people
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Justiciable disputes
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a constraint on the courts requiring case be capable of being settled by legal methods
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Amicus Curiae
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"Friend of the Court" file briefs or even appear to argue their interest orally before the court.
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Original Jurisdiction
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courts that hear a case first , usually in trial.
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Appellate Jurisdiction
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The power vested in an appeallate court to review and/or revise the decesion of a lower court
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Concurrent Jurisdiction
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the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter.
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District Courts
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The lower courts hearing cases along the lines of bankruptcy & civil suits under federal law.
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Courts of Appeals
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intermediate appeallate courts in the federal system.
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Senatorial Courtesy
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deferring selection of district court judges to the choice of senators of their own party and represent that state.
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Stare Decisis
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decesion made based on precedents
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Precedents
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prior judicial decesion that serves as a rule for settling subsequent cases of similar nature.
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Original Intent
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Is a method of constitutional and legal interpretation that seeks to discern the original meaning of the words being construed
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Judicial Implementation
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whether judicial decesions are translated into actual public policies
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Judicial Review
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power of the courts to review acts of other branches of government and the states
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Judicial Restraint
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courts should allow the decesions of other branches to stand
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Judicial Activisim
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Court should play a role in shaping national policies
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Political question
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an issue that a court believes should be decided by the executive or legislative branch
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Statutory Construction
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judicial interpretation of an act of Congress, sometimes results in passing new legislation
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Civil Law
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Body of law dealing with private rights of individuals
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Borked
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to reject a nominee due to ideological reasons
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Cases of Equity
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those cases that cannot be resolved by common law; judges may be asked to issue injunctions or award damages
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Concurring Opinion
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a signed opinion in which one or more members agree with the majority view but for different reasons
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Dissenting Opinion
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an opinion disagreeing with the majority decision in a Supreme Court ruling
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Majority Opinion
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a court opinion reflecting the views of the majority of the judges
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Oral Argument
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An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
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Senate Confirmation
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the process outlined in Article Two of the Constitution, giving the Senate the authority to approve appointments made by the president
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Writ of Certiorari
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a request fro the Cout to order up records from a lower court to review the case
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Rule of Four
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At least four justices of the Supreme Court must vote to consider a case before it can be heard.
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Bills of Attainder
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Prohibits a person being found guilty of a crime without a trial
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Cetificate
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when lower court as the higher court to answer specific question in the matter
