Judiciary in American and Texas Government

These flashcards cover key concepts related to the judiciary in American and Texas government, including important cases, principles of judicial philosophy, and judicial structures.

Judicial Review

The power of the courts to review the actions of the executive and legislative branches to determine if they are constitutional.

Marbury vs. Madison

The case that established the principle of judicial review in the United States.

Original Jurisdiction

The authority of a court to hear a case for the first time.

Appellate Jurisdiction

The authority of a court to review the decisions of lower courts.

Judicial Activism

When judges make rulings based on personal beliefs or opinions, often to effect social change.

Judicial Restraint

The practice of limiting the exercise of judicial power and deferring to the decisions made by elected representatives.

Writ of Certiorari

An order by the Supreme Court to review a lower court's decision.

Amicus Curiae

A person or group that is not a party to a case but offers information or advice relevant to the case.

Rule of Four

A Supreme Court principle that requires at least four justices to agree to grant a petition for certiorari.

Plurality Opinion

An opinion by more justices than any other opinion in a case, but less than a majority.

Per Curiam Opinion

A ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court acting collectively.

In Forma Pauperis

A legal term allowing a party to pursue a case without the usual costs because they cannot afford them.

Judiciary Act of 1789

The act that established the federal judiciary of the United States.

Marshall Court

The period during which John Marshall served as Chief Justice, known for establishing the principle of judicial review.

Statutory Interpretation

The process by which courts analyze and interpret statutes (laws).

Living Constitution

The theory that the Constitution is a dynamic document that should be interpreted in light of contemporary circumstances.

Case types

Different categories of legal cases, including criminal, civil, plea bargains, and class action suits.

Standing

The legal right to initiate a lawsuit, requiring that the party has a sufficient connection to the matter at hand.