Judicial Branch Terms

Jurisdiction

auth. to hear and decide cases

OG Jurisdiction

Court’s pwoer to hear case first

Appellate Jurisdiciton

auth. to review lower court decisions

Exclusive Jurisdiction

only one court can hear case

Concurrent Jurisdiction

mult. courts share case auth.

Writ of Certiorari

order issued by a higher court directing a lower court to send up the record of a case for its review; Supreme Court order to review case

Certificate (courts)

lower court asks Supreme Court guideance

Precendent (Courts)

prior ruling guiding future decisions

opinion of the court

decision of the maj. of SC justices explained

Concurring Opinion

agrees w/maj., diff. reasoning

dissenting opinon

disagrees w/maj. decision

judicial restraint

reluctant to declare legis. enactments unconstit. unless the conflict b/w the eneactment and the constit. is obv.

judicial activism

spirit of the times and needs of the nation can influence judicial decisions

due process clause

gov. must respect legal rights

bill of rights

protections from acts of the gov’t.; limit power of nat’l gov. w/respect to civil liberties

est. clause

gov’ cannot est. religion

free exercise clause

protects practicing religion freely

libel

written false statement harming rep.

slander

spoken false statement harming rep.

miranda rule

police must inform rights before questioning

prior restraint

gov’t stops publication before release

probable cause

reasonable grounds for legal action

seditious speech

advocates overthroughwing gov’t auth.

symbolic speech

nonverbal expresion conveying ideas

civil liberty

most of the bill of rights, protections against government actions

civil rights

pos. acts of gov’t. that seek to make constitutional guarantees a reality of people; government is protecting you

writ of habeas corpus

court order that a prisoner be brought before the court and cause be shown why the prisoner should be released

supreme court

fed. courts exercises both og and appellate jurisdiction

district courts

fed. court(s) hear the greatest number of cases

supreme court = high court

last court where fed. qs can be decided

“means what the judges say it means”

power of judicial review

current chief justice

john roberts

fed. courts can hear/decide cases on the basis of

subject matter/people involved

mculloch v maryland

strengthened the necessary and proper clause

marbury v. madison

est. judicial review

engel v vitale

school sponsored prayers violated the 1st amendment’s est. clause

gibbons v odgen

strengthened supremacy clause and interstate commerce clause

plessy v ferguson

14th amendment, est. separate but equal

schneck v. united states

1st amendment, SC ruled against him stating his speech against us involvement in ww1 created danger

koramtsu v united states

during WW1, JP-Ams were in internment camps, SC ruled in favor of upholding the internment

brown v. board of edu.

challenged “separate but =” and said that case (PvF) violated 14th amendment

map v. ohio

evidence obtained illegally can’t be used based on the 4th amendment

miranda v. arizona

protects those arrested based on 5th amendment - right to remain silent

tinker v. des moines

students wore black arm bands to protest the vietnam war, SC sided w/students