Law and Judicial Systems Terminology

Flashcards covering key terminology related to law and judicial systems as discussed in the lecture.

Amicus Curiae Briefs

Written submissions to a court by individuals or organizations not directly involved in a case, offering legal arguments and insights to assist the court in its decision-making.

Appellate Jurisdiction

The authority of a court to hear and review decisions made by lower courts in that system. Many of the Supreme’s court’s cases are appels .

Civil Law

A system of law concerned with private rights and relationships between individuals and groups.

Federal Courts of Appeal/Circuit Courts

The middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

Courts of Origin

Where a case is first heard and decided; also known as original jurisdiction.

Criminal Law

A category of law covering actions that harm the community.

Defendants

An individual who is accused with legal charges/wrongdoing in front of the court system.

Federal District Courts

The lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level.

Dual Court System

The coexistence of a Federal court system and State court system.

Original Jurisdiction

A court's authority to hear and decide a case for the first time before any appellate review occurs. Where the case starts. Cases affecting ambassadors, states, public minister and consuls will be heard by the supreme court.

Judicial Review

The authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.

Life Terms

Federal judges are appointed for life on the condition of 'good behavior'.

Limited & Exclusive Jurisdiction

A court only has certain cases they can rule on, such as municipal courts or small claims courts.

Litigants and standing to sue

A litigant’s ability to bring a case to court; they must prove they have a substantial consequence to the outcome of the case.

Plaintiffs

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

Rule of 4

At least four justices must vote to grant a writ of Certiorari (decision to review a lower court's decision. Other judges can influence others.

Writs of Certiorari

A request where the Supreme Court orders a lower court to send up the record of the case for review.

Common Law

Legal systems that rely on court decisions and precedents rather than solely on written statutes or legislations.

Concurring Opinion

An opinion that agrees with the majority decision, offering different or additional reasoning.

Congressional Legislative Responses

Actions Congress takes to address issues, crises, or Supreme Court decisions through legislation.

Dissenting Opinion

Opinions written by justices who voted with the minority, expressing disagreement with the majority opinion.

Judicial Activism

A philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.

Judicial Restraint

A philosophy of constitutional interpretation that justices should be cautious in overturning laws.

Majority Opinion

A binding Supreme Court decision which serves as precedent for future cases.

Original Intent/Originalism

A method of constitutional interpretation emphasizing understanding the constitution based on the intentions of the framers.

Political Influences on Presidential Appointments

Outside factors from political parties influence who the president appoints to judicial positions.

Precedent

A judicial decision that guides future courts in handling similar cases.

Stare Decisis

The practice of letting a previous decision stand to avoid creating a new precedent.

Constitutional Convention rank

Article 1: Legislative, Article 2: Executive, Article 3: Judicial

Judicial system has two types of courts

Circuit courts and appeal courts

judicial power

power to hear cases and decide how the law is going to be applied.

Supreme Justices

Appointed supreme court judges for life they retire, die or resign. Shall hold their office as long as they exhibit good behavior. House determines good behavior and can impeach with simple majority, senate removes with 2/3rd.

Circuit courts

13 circuits that focus on cases that are filed in certain regions.

Supreme Court

Have the final ruling, cannot appeal. Can tell lower courts to review decisions again. Court will usually further support their decision, change it, or have a different angle. They change precendent how???

Federal court umbrella

Ensures federal government to make sure there is a consistant application of the law from state to state.

Court limitations

power of purse, power of sword

Power of purse

only Congress can appropriate money to allocate money of any kind

power of the sword

ability to send law enforcement to enforce laws and maintain order.

little rock 9

post brown v board, nine students in Arkansas are sent with national guard by the executive branch. Court cannot force compliance with their decisions without executive and legislative.

Size of courts

6 courts originally, 1869 is when there were 9 justices.

Judiciary Act of 1869

Supreme court changed from 6 to 9 total.

9 current justices

John G. Roberts, Jr., Chief Justice Clarence Thomas, Samuel A. Alito, Jr.Sonia Sotomayor, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Ketanji Brown Jackson

Constructionist view

Words in the constitution is all you look for, little interpretation.