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Judiciary
dd
31
Political Studies
Undergraduate 3
05/13/2013

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Term
original jurisdiction
Definition
the authority of a court to be the first to hear a case
Term
appellate jurisdiction
Definition
the authority of a court to hear a case on appeal after it has been argued in and decided by a lower federal or state court
Term
marbury v. madison
Definition
the 1803 case ni which chief justice John Marshall established the power of judicial review
Term
judicial review
Definition
the power of the supreme court established in M v. M to overturn acts of the pres, Congress, and the states if those acts violate the Constitution. This power makes the Supreme Court the final interpreter of the Constitution
Term
statutory construction
Definition
the power of the S.C. to interpret or reinterpret a federal or state law
Term
trial court
Definition
the point of original entry in the legal system, with a single judge and at times a jury deciding matters of both fact and law in a case
Term
appellate court
Definition
the court that reviews an appeal of the trial court proceedings, often with a multijudge panel and without a jury; it considers only matters of law.
Term
criminal case
Definition
cases in which decisions ar emade regarding whether or not to punish individuals accused of violating the state or federal criminal code
Term
plea bargains
Definition
agreements in which the state presses for either a reduced set of charges or a reduced sentene in return for a guilty plea
Term
civil cases
Definition
noncriminal cases in which courts resolve disputes among individuals and parties to the case over financces, property, or personal wellbeing.
Term
class-action suit
Definition
a single civil case in which the plaintiff represents the whole class of individuals similarly situated, and the court's results apply to this entire class
Term
constitutional courts
Definition
courts mentioned in Article III of the Constitution whose judges have life tenure
Term
US district court
Definition
the trial courts serving as the original point of entry for almost all federal cases
Term
US courts of appeals
Definition
the middle appeals level of judicial review beyond the district courts
Term
en banc
Definition
proceedings in which all of the appeals judges in a particular circuit serve as a tribunal
Term
legislative courts
Definition
courts designed to provide technical expertise on specific subjects based on Article I of the Constitution
Term
docket
Definition
the S.C.'s agenda of cases to consider
Term
writ of certiorari
Definition
a latin term meaning to be made more certIn; this writ enables the court to accept cases for review only if there are special and important reasons therefore.
Term
rule of four
Definition
a means of determining which cases the S.C. will hear; at least four justices must vote to hear a case and grant the petition for a writ of certiorari for the case to be put on the Court's docket.
Term
briefs
Definition
written arguments to the court outlining not only the facts and legal and constitutional issues in a court case, but also answering all anticipated arguments of the opposing side
Term
solicitor general
Definition
the third-ranking official in the justice dpartment, appointed by the president and charged with representing the US government before the Supreme Court
Term
amicus curiae briefs
Definition
legal briefs that enable groups or individuals, including the national government, who are not parties to the litigation but have an interest in it, to attempt to influence the outcome of the case; literally, friend of the court briefs
Term
opinion
Definition
a written version of the decision of a court
Term
majority opinion
Definition
a decision of the S.C. that represents the agreed-upon compromise judgment of all the justices in the majority
Term
plurality opinion
Definition
less than a majority vote on an opinion of the court; does not have the binding legal force of a majority opinion
Term
concurring opinion
Definition
a written opinion of a justice who agrees with the majority decision of the court but differs on the reasoning
Term
dissenting opinion
Definition
a written opinion of a justice who disagrees with the holding of the court
Term
stare decisis
Definition
a doctrine meaning let the decision nstand. or that judges deciding a case should adhere it at all possible to previously decided cases similar to the one under consideration
Term
precedents
Definition
previously decided court cases on an issue similar to the one being considered
Term
judicial restraint
Definition
an approach in which justices see themselves as appointed rather than elected officials, who should defer to the legislature and uphold a law or political action if at all possible
Term
judicial activism
Definition
an approach in which justices create new policy and decide issues, to the point, some critics charge, of writing their personal values into law
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