AP GOV Ch 12 The Judiciary – Flashcards

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Authority of court to review a decision of a lower court or administrative agency.

Head of the Justice Department and the chief law enforcement officer of the United States

The decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction.

Nominated by Reagan to the Supreme Court, rejected by Senate. Very qualified, educated, but extremely conservative. didn't pass confirmation hearing, lost senate vote 42-58

Order from the US Supreme Court upon granting a petition for Writ of Certiorari, ordering a lower court to provide the Supreme Court with a full record of all proceedings in the lower court.

Lawsuit brought by an individual or group of people on behalf of all those similarly situated.

Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.

majority rules but in favor for different reasons in the supreme court

cases in which the two parties reside in different states

In a criminal action, the person or party accused of an offense.

an 1856 Supreme Court case in which a slave; Dred Scott, sued unsuccessfully for his freedom because he had been taken to live in territories where slavery was illegal

A method whereby a poor person can have his or her case heard in federal court without charge

A judicial order forcing a person or group to refrain from doing something.

An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.

The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional. Established in Marbury v. Madison (informal amendment to Constitution)

Philosophy proposing that judges should interpret the constitution to reflect what the framers intended and what its words literally say

In chemistry a way of finding out whether a liquid is acid or alkaline. The term is used in politics to mean a test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on a controversial question

a statement that presents the views of the majority of supreme court justices regarding a case

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

phrase used to distinguish an opinion of the whole court from an opinion written by any one judge

A decision of another court which is influential but not binding.

A petition asking the Supreme Court to hear a case.

In equity practice, a party that initiates a lawsuit.

A person or party filing a lawsuit

(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

A decision in a previous court case that is used as the basis for a decision in a similar case.

the individual who responds to an appellate case, claiming why and how the lower court ruled correctly

United States jurist who served as an associate justice on the United States Supreme Court from 1972 until 1986, when he was appointed chief justice (born in 1924)

Chief Justice of Supreme Court

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.

the government is protected from suit unless it permits such a claim.

courts created by Congress to hear matters of expert concern

Let the decision stand; decisions are based on precedents from previous cases

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

Final federal appellate court ("court of last resort"). Hears appeals from Circuit Courts (certiorari petition / rule of 4). Only hears "important" constitutional cases.

Intentional or unintentional acts performed by an individual and based on unreasonable conduct are known as

hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters

Trial courts in the federal court system in which almost all federal case begin; courts of general jurisdiction

Chief Justice during the 1950's and 1960's who used a loose interpretation to expand rights for both African-Americans and those accused of crimes.

An order by a higher court directing a lower court to send up a case for review