PolySci Ch. 9

kennedipierce's version from 2015-05-12 00:15

Section 1

Question Answer
JurisdictionAuthority vested in a particular court to hear and decide issues in a particular case
Original jurisdiction The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case
Apellate jurisdictionThe power vested in particular courts to review and/or revise the decision of a lower court
Judiciary Act of 1789Legislative act that established the basic three-tiered structure of the federal court system
Judicial reviewPower of the courts to review acts of other branches of government and the states

Section 2

Question Answer
Mabury v. Madison (1803)Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional
Trial court Court of original jurisdiction where cases begin
Appellate court Court that generally reviews only findings of law made by lower courts
Constitutional courtsFederal courts specifically created by the U.S. Constitutions or by Congress pursuant to its authority in Article III
Legislative courts Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims
BriefA document containing the legal written arguments in a case filed with a court by a party prior to a hearing by trial

Section 3

Question Answer
Precedent A prior decision that serves as a rule for settling subsequent cases of a similar nature
Stare decisisIn court rulings, a reliance on past decisions or preceedents to formulate decisions in new cases
Senatorial courtesyA process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination bu simply registering their objection
Writ of certiorariA request for the Supreme Court to order up the records from a lower court to review the case
Rule of fourAt least four justices of the Supreme Court must vote to consider a case before it can be heard

Section 4

Question Answer
Solicitor general The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supremee Court
Amicus curiae"Friend of the court"; amici may file briefs or even appear to argue their interests orally before the court
Judicial restraint A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge's own principles
Judicial activism A philosophy of judicial decision making that posits judges should use their power broadly to further justice
Strict constructionist An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and inteded by the Framers
Judicial implementation How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit