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Ch.14- The Judiciary
Vocab
22
Political Studies
Undergraduate 1
05/03/2009

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Cards

Term

writ of certiorari

Definition
Whereby the lower court is asked to submit a transcript of the case for the Supreme court to review.
Term

judicial activism

Definition
hold that judges should actively interpret the Constitution, statutes and precedents in light of established principles when elected representatives fail to act in clear accord with these principles. 
Term

Precedent

Definition
Is a judicial decisions that serves as a rule for settling subsequent cases of a similar nature.
Term

case law

Definition
is the general term for the principles and rules of law set forth in judicial opinions from courts of law. Case law incorporates courts' decisions from individual cases and encompasses courts' interpretations of statutes, constitutional provisions, administrative regulations and, in some cases, law originating solely from the courts
Term

Common law

Definition
refers to law and the corresponding legal system developed through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action
Term

Oral arguments

Definition

are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail

Term
rule of four
Definition
is a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the court from controlling all the cases it agrees to hear.
Term

judicial restraint

Definition
holds that judges should broadly defer to precedent and to decisions made by legislatures.
Term

Brief

Definition
Each side submits, which contains its full argument
Term
senatorial courtesy
Definition
a tradition that dates back to the 1840’s, holds that a senator from the state in which a vacancy has arisen should be consulted on the choice of the nominee if the senator is of the same party as the president.
Term

U.S. Court of International Trade

Definition

a federal court having nationwide exclusive jurisdiction over a variety of cases involving international trade and customs duties including those initiated against the United States

Term

stare decisis

Definition
is the legal principle under which judges are obligated to follow the precedents established in prior decisions.
Term
Original jurisdiction
Definition
Is the authority to be the first court to hear a case.
Term

amicus curiae briefs

Definition
a brief presented by someone interested in influencing the outcome of a lawsuit but who is not a party to it
Term
Appellate jurisdiction
Definition
Is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party, there high courts are called appeals courts.
Term

U.S. Court of Federal Claims

Definition
a federal court having nationwide trial jurisdiction over claims against the United States
Term

Civil law

Definition
governs relationships between private parties
Term

Criminal law

Definition
deals with acts the government defines as illegal
Term

Judicial conference

Definition
Is attended only by 9 justices and in which they discuss and vote on the case.
Term

 

Appellate courts

Definition

Higher courts.

is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal

Term

U.S Court of Appeals for the Armed Forces

Definition
the highest military court presided over by civilian judges and reviewing decisions of lower military courts on criminal matters This court was formerly called the United States Court of Military Appeals.
Term

 

Procedural law

Definition
refers to rules governing legal process
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