Studied by 24 people
criminal case
brought by the state to one who has broken criminal law. state or the people versus the defendant
civil case
2 or more parties arguing a legal dispute (private, non-criminal)
Original Jurisdiction
court authority to hear disputes as trial court. Jurisdiction of courts hearing a case first. Most cases end at this stage. Facts of a case determined.
Appellate Jurisdiction
court ability to review cases decided by trial court. Can review/revise cases of lower courts.
litigant
one involved in a civil legal case (complaint being made about them or they are complaining). court of appeals & Supreme Court
Class Action Suit
allows 1+ plaintiffs to file and prosecute a lawsuit on behalf of a larger group. One case to represent several.
Senatorial Courtesy
presidential appointments are confirmed if there is no objection by senators from the appointee's state, especially from the senior senator from the state of the president's party. Senators courtesy to select judges
district court
bottom of 3-tier system. At least one in each state staffed by a fed judge.
circuit court of appeals
was composed of one district judge & 2 itinerant supreme court justices (met 2x a year). If people are unhappy with the district court decision, can appeal to this court.
Writ of Certiorari
request for Court to order record of a lower court to review the case and use judicial review (“to be informed”).
Solicitor General
appointed by president, 4th ranking member of Department of Justice & responsible for handling most appeals on behalf of govt to Court. One of most important determiners if a case will be heard
Amicus Curiae Brief
“friend of the court”; 3rd party to lawsuit that files legal brief to raise more points of view to influence a court’s decision
Quorum of 6
needed for supreme court to hear an oral case
majority opinion
if the Chief justice votes w/maj, decides who writes the opinion. Written by one justice and sets reasoning for case and is precedent for future cases
concurrence
when justices agree with the majority opinion but have different logic.
dissent
relies upon previous dissenting opinions. opinion of judges who disagree with the outcome of the case.
Stare Decisis
reliance on past ruling on case to make new decisions
precedent
prior judicial decision that serves as a rule for settling similar cases
judicial restraint
gay marriage; courts should allow the decisions of other branches to stand, even when they go against/offend a judge’s principles. Assert position by stating fed courts are composed of elected judges, making the judicial branch least democratic. Courts should allow states and other branches to solve social, economic, or political problems. Court relies on past precedent or waits for congress to deal with issues/to states.
Judicial Activism
roe v wade; brown v board; court should use power to solve social, economic, and political problems. Court’s job to correct injustices of other branches and protect oppressed minorities. Deals with issues in absence/opposition to legislation/executive action/reversing past precedent.
Statutory Construction
process where courts interpret & apply legislation.
original intent
courts must try to interpret a text with the original intent of the author and try to allow for their accomplishments.
strict constructionism
interpreting the const with emphasis on Framer’s intentions
standing
establishes who is entitled to bring a lawsuit to court. To sue, plaintiffs need a serious interest in a case; individuals must show personal harm.
rule of 4
at least 4 justices of Court must vote to consider cases before they’re heard
judicial review
court power to review the acts of the states and other branches of government.
burger court
The Court under Chief Justice Warren Burger. advanced the Warren Court's privacy decisions to abortion. less activist than Warren Court but still upset conservatives.
docket
official summary of proceedings in a court of law The Shadow Docket: time sensitive cases; emergency petition for quick ruling. List of cases for trial/people having cases pending or court's calendar.
Senate Judiciary Committee
screen nominees & recommends to senate floor. Lots of scrutiny recently.
Per Curiam
opinion: unsigned opinion issued by Court. Justices rarely dissent this. Unanimous agreement decision of a judge.
gibbons v odgen
Ogden filed a complaint to stop Gibbons from operating boats. Gibbons disagreed that the Constitution gave Congress power over interstate commerce. Concluded that the fed govt does have this power.
Judiciary Act of 1789
initiated 3-tiered fed court structure. Started to give form to the federal judiciary. District court→Court of Appeals→Supreme Court. Supreme Court size set at 6 (chief justice+5 associates) Extended powers of judiciary (not enumerated): one is to issue writs of Mandamus (gives power to complete a public official to perform their duties).
warren court
expanded civil rights, civil liberties, judicial power, and federal power. Maj decisions: Brown v. Board of Education , Gideon v. Wainwright (right to counsel), Baker v. Carr (election law), Reynolds v. Sims (election law), Miranda v. Arizona. Earl Warren.
writ of mandamus
requires an official to do their job. Court order requiring lower govt official to do their job
common law
old laws in place relied on
criminal law
laws against society
civil law
disagreement between 2 parties
injunction
court order-tells you to stop (stops laws from going into effect until works in the court system)
trial courts
bottom of 3-tier system, where litigation begins (original jurisdiction of a case)
legislative courts
set by Congress under implied powers (court of military appeals)
brief
document with legal written arguments in a case filed w/a court by a party prior to hearing/trial
simple majority
senate needs this to confirm nominees
in forma pauperis
way for poor/indigent person to appeal case to Court
Judicial Implementation
how and if judicial decisions are translated into public policy affecting more than the immediate lawsuit parties
Rehnquist Court
Reagan appointee. Judges vote at the same time, in order of seniority. U.S. v Lopez, and also Bush v. Gore. Accused too activist by liberals.
