Untitled Flashcards Set

Original Jurisdiction

The authority of a court to hear a case for the first time.

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts.

Constitutional Courts

Courts established under Article III of the Constitution to address constitutional issues.

Legislative Courts

Courts created by Congress for specialized purposes, not under Article III.

Dual Court System

A judicial system that has both federal and state courts.

US District Courts

General trial courts of the United States federal court system.

US Circuit Courts

Intermediate appellate courts in the federal court system.

US Supreme Court

The highest court in the United States.

Civil Law

Law that deals with disputes between individuals or organizations.

Criminal Law

Law that deals with actions that are offenses against the state.

Life Tenure

Judges hold their positions for life, barring impeachment.

Judicial Review

The power of courts to review and invalidate laws or decisions.

Presidential Appointment

The process by which the president selects individuals for government positions.

Senate Confirmation

The process by which the Senate approves presidential appointments.

Senatorial Courtesy

A practice allowing senators to block nominations in their home state.

Judicial Activism

Judges making rulings based on personal opinion or social considerations.

Judicial Restraint

Judges limiting their own power and deferring to the legislature.

Strict Construction

Interpreting the Constitution in a narrow, literal manner.

Loose Construction

Interpreting the Constitution more broadly and flexibly.

Living Constitution

The idea that the Constitution evolves and is interpreted in light of contemporary values.

Litmus Test

An assessment of a nominee's ideological alignment with a particular stance.

Amicus Curiae Brief

A document submitted by non-litigants to influence a court's decision.

Rule of Four

The principle that at least four Supreme Court justices must agree to hear a case.

Writ of Certiorari

An order by which a higher court reviews a lower court's decision.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Precedent

Previous court decisions that serve as a rule in future cases.

Oral Arguments

Verbal arguments presented to a court by the attorneys of the parties involved.

Majority Opinion

The judicial opinion agreed to by more than half of the members of a court.

Concurring Opinion

An opinion that agrees with the majority but for different reasons.

Dissenting Opinion

An opinion expressing disagreement with the majority decision.

Oversight

The process by which Congress monitors the activities of the federal agencies.

Checks and Balances

A system that ensures that no branch of government becomes too powerful.

Uphold

To maintain or support a decision or ruling.

Overturn

To reverse a previous decision or ruling.

Descriptive Representation

When elected representatives reflect the demographic characteristics of their constituents.

Substantive Representation

When elected representatives advocate for the interests of their constituents.

U.S. Constitution, Article 3

Establishes the judicial branch of the United States government.

Federalist 78

An essay by Alexander Hamilton that discusses the judiciary and judicial review.

Marbury v. Madison

The landmark case that established the principle of judicial review.