AP Gov Judicial Branch

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31 Terms

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Judicial Restraint (Original Intent)

views that the Constitution should be interpreted according to the original intent of the framers.

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Judicial Activism

judges should use their power broadly to further justice and apply present day values to decisions

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District Courts

trial courts that are first to hear more federal cases - 94 established

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Constitutional Courts

courts established by the Constitution - District court, U.S. Court of Appeals, and Supreme Court

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Court of Appeals

appellate courts that hear cases that have been previously tried - 13 circuits

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Supreme Court

highest court in the US - 9 justices - have original jurisdiction in cases with foreign ambassadors or if a state is being sued by a citizen or is sueing a citizen

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Legislative Courts

established by Congress for specialized purposes

EX: US Tax Court, US Court of International Trade

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Litmus Test

A method used to gauge a candidate's stance on a specific issue, often serving as a decisive factor in determining support.

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Judicial Review

the Supreme Courts primary power - power to determine the constitutionality of laws of executive actions

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Writ of Certiorari

a request for the Supreme Court to order up the records from a lower court to review the case

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Marbury v Madison

case in which the Supreme Court first asserted the power of judicial review - established judicial review

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Plaintiff

a person who brings a case against another in a court of law

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Standing

legal right to bring a lawsuit

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Preccedant

a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

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Class-action suit

A class action lawsuit is a civil legal action in which one or more individuals sue a person or entity on behalf of a larger group or class of people

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Original Jurisdiction

authority to hear the case for the first time - typically state trial courts/ U.S. District courts

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Appellate Jurisdiction

authority to review initial decisions of a lower court

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Brief

a document containing the legal written arguments in case filed with a court by a party prior to a hearing or trial

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Amicus Curiae Briefs

ā€œFriends of the courtā€ outside people, companies, etc. that write briefs in support of one side of a case - hold interest in case

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Majority Opinion

written by one member of majority (whoever won the case) - sets precedent

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Concurring Opinion

written by a member of the majority who agrees with the decision but for a different reasoning - holds no legal impact

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Dissenting Opinion

written by one member of minority - states why they disagree with majority - no legal impact

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Senatorial Courtesy

a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

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Stare Decisis

let the decision stand - generally uphold the past precedents

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Rule of Four

at least four justicies of the Supreme Court must vote to consider a case before it can be heard.

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State Courts Order

Trial Courts (Superior Court) - then Intermediate Appellate Courts - then State Supreme Courts

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Exclusive Jurisdiction

one court has sole authority to hear a case

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Concurrent Jurisdiction

case may be heard by more than one type of court (state or federal)

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Criminal Law

actions that harm the community by breaking the law

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Civil Law

involving private rights and grievances between individuals or groups (like Sueing someone)

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Checks On Judicial

amending the constitution, impeachment, changing the number of justices on the court, judicial cannot enforce decision