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Midterm Review 4
N/A
25
Political Studies
Undergraduate 1
11/01/2010

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Cards

Term
Judiciary Act of 1789
Definition
established the basic three tiered structure of the federal court system
Term
Marbury v. Madison
Definition
first case to assert the power of judicial review
Term
Trial Court
Definition
court of originl jurisdiction where cases begin
Term
Appellate Court
Definition
court thatgenerally reviews only finding of law made by lower courts
Term
Jurisdiction
Definition
authority vesgted in a particular court to hear and decide the issues in any particular case
Term
Original Jurisdiction
Definition
the jurisdiction of courts that hear a case first, usually in trial
Term
Appellate Jurisdiction
Definition
the power vested in particular courts to review and/or revise the decision of a lower court
Term
Criminal Law
Definition
codes of behavior related to the protection of property and individual safety
Term
Civil Law
Definition
codes of behavior related to business and contractual relationships between groups and individuals
Term
Constiutional Courts
Definition
federal corts specially created by the Constitution or by Congress pursant to its authority in Article III
Term
Legislative Courts
Definition
courts established by Congress for specializeed purposes
Term
District Courts
Definition
federal trial courts of original jurdiction (94)
Term
Federal Question Jurisdiction
Definition
present a federal question based on claim under the constitution, a treaty with another nation, or a federal statute
Term
The Courts of Appeals
Definition
the interme4diate appellate courts in the federal system, established in 1789
Term
Brief
Definition
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
Term
Precedent
Definition
a prior judicial decision that serves as rule for settling subsequent casees of a similar nature
Term
Stare Decisis
Definition
a reliance on past decisions or precedents to formulate decisions in new cases
Term
Writ of certiorari
Definition
a request for the court to order up the records from a lower court to review the case
Term
Rule of four
Definition
at least four justices of SCOTUS must vote to consider a case before it can be heard
Term
Solicitor General
Definition
the fourth ranking member of the DOJ; responsible for handling all appeals on behalf of the US govt to the SCOTUS
Term
Amicus Curiae
Definition
conflict among the courts of appeals
Term
Judicial Restraint
Definition
a philosophy of judicial decision-making that argues that courts should allow the decisions of other branches of govt to stand
Term
Strict Constructionism
Definition
an approach to constitutional interpretation that emphasizes the Framers' original intentions
Term
Judicial Activism
Definition
a philosophy of judicial decision-making that argues judges should use their power broadly to further justice
Term
Judicial Implementation
Definition
how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
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