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Exam 3 Textbook
Judiciary
28
Political Studies
05/05/2009

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Term
jurisdiction
Definition
the authority of a court to hear and decide cases
Term
Habeas Corpus
Definition
latin for "have ye the body" a writ of habeas corpus is a means for criminal defendants who have exhausted appeals in state courts to appeal to ta federal district court
Term
Circuit Courts of Appeal
Definition
The intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
Term
How does the Circuit Courts of Appeal function?
Definition
They don’t conduct trials. They don’t have juries or witnesses to testify and present evidence. Just lawyers for the opposing litigants
Term
What does the Circuit Courts of Appeal do?
Definition
They hear cases that have been decided by the district courts and then appealed by the losers. there are 13
Term
Senatorial courtesy
Definition
The custom of giving senators of the president’s party a virtual veto over appointments to jobs, including judicial appointments, in their state
Term
criteria used by presidents
Definition
usually nominate members of their party who are active and have served in public office or contributed to party candidates. some want judges who hold certain ideological views. some want judges who provide more diversity in the courts such as women or blacks
Term
criminal cases
Definition
a case in which a government prosecutes a person for violating its laws
Term
civil cases
Definition
a case in which individuals sue others for denying their rights and causing them harm
Term
restrained judges
Definition
judges who are reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstiutional
Term
activist judges
Definition
judges who are not reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional
Term
judicial review
Definition
the authority of the courts to declare laws or actions of government officials unconstitutional
Term
court-packing plan
Definition
FDR'S attempt to expand the size of the US supreme court in an effort to obtain a court more likely to uphold his New Deal legislation
Term
stare decisis
Definition
latin for "stand by what has been decided." the rule that judges should follow precedence established in previous cases by their court or higher courts
Term
friend of the court briefs
Definition
legal arguments filed in court cases by individuals or groups who are litigants in the cases. these briefs often provide new info to the court and usually urge the judges to rule in one way
Term
Marbury vs. Madison
Definition
1803 case in which the Supreme court of the US enunciated the doctrine of judicial review
Term
McColloch vs. Maryland
Definition
1819 US supreme court decision that broadly interpreted congress's power under the implied powers clause
Term
Warren Courts
Definition
the US Supreme court under Chief Justice Earl Warren; an activist Court that expanded the rights of criminal defendants and racial and religious minorities
Term
Burger Courts
Definition
the US Supreme court under Chief Justice Warren Burger. Though not as activist as the Warren Court, the Burger Court maintained most of the rights expanded by its predecessor and issued important ruling on abortion and sexual discrimination
Term
Rehnquist Courts
Definition
the US Supreme court under Chief Justice William Rehnquist; a conservative court, but one that did not overturn previous rulings
Term
Roberts Courts
Definition
the US Supreme court under chief Justice John Roberts
Term
How many cases are appealed to the supreme court?
Definition
8000
Term
How many cases does it hear?
Definition
8
Term
How does the supreme court function?
Definition
Judges start with statutes, then judges need to interpret them in order to apply them to their cases. After interpreting statutes, judges determine whether the statutes are constitutional.
Term
conservative backlash
Definition
Conservative discontent with liberal rulings on court cases.
Term
the role of interest groups
Definition
helps individuals gain more access to the courts because they have more resources than that individual
Term
ACLU American Civil Liberties Union
Definition
a non-partisan organization that seeks to protect the civil liberties of all Americans
Term
Statutes
Definition
laws passed by the legislative body of a representative government