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Appellate Jurisdiction
The authority of a court to review decisions made by lower courts
Attorney General
The head of the Department of Justice
Ceritoriari
Appellants must offer some violation of established law, procedure, or precedent that led to the incorrect verdict in a trial court
Federalist 78
Alexander Hamilton claims Judicial is the least dangerous branch, discusses lifetime tenure, etc...
Judicial Review
Allows the Supreme court to determine the constitutionality of laws and actions, introduced by John Marshall in Marbury v. Madison
Marbury v. Madison
Supreme Court case that established Judicial Review, found that Madison's acts were illegal, but did not order a Writ of Mandamus
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
U.S. District Courts
Courts within the lowest tier of the three-tiered federal court system; courts where litigation begins.
U.S. Circuits Courts of Appeals
the courts where parties who are dissatisfied with the judgment of a U.S. District Court may take their case through appeal
U.S. Supreme Court
the highest court of the United States; it sits at the top of the federal court system, determines constitutionality of laws
Binding Precedent
The decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction.
Persuasive Precedent
A precedent that a court does not have to follow but can be very influential when determining a case
Precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
John Robert
Current Chief Justice of the Supreme Court
Stare Decisis
Let the decision stand; decisions are based on precedents from previous cases
Concurring Opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Dissenting Opinion
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
Liberal Constructionist
Someone who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government
Majority Opinion
A statement that presents the views of the majority of supreme court justices regarding a case
Petition for Certiorari
A petition asking the Supreme Court to hear a case
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
Strict Constructionist
A person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take
Robert Bork
Reagan appointee for judge, rejected due to extreme restraint views,his role in the media, his interest group involvement and his famous 'Paper Trail'
Merrick Garland
President Obama has nominated this federal Judge to replace Antonin Scalia on the Supreme Court, setting up a showdown with Senate Republicans, who have vowed to block any nomination Obama makes.
Judicial Activism
A judicial viewpoint that believes they can overturn precedent and are allowed to act along with modern beliefs
Judicial Restraint
A judicial viewpoint that believes they should not overturn precedent, and they are restrained by precedent
Nuclear Option
a maneuver exercised by the presiding officer in the Senate that eliminates the possibility of filibusters by subjecting votes on certain matters to a simple majority vote
Senatorial Courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Standing
A legal rule stating who is authorized to start a lawsuit
Clarence Thomas
African American jurist, nominated by George H. W. Bush to be on the Supreme Court in 1991, and shortly after was accused of sexual harassment by Anita Hill, he became the second African American to hold a seat in the Supreme Court.