chapter 14 flashcards

judiciary act of 1789

The law in which COngress laid out the organization of the federal judiciary. The law refined and clarifies federal court jurisdiction and set the original number of justices at six. It also created the office of the attorney general and established the lower federal courts

district courts

lower level trial courts of the federal judicial system that handle most US federal cases

appellate jurisdiction

the authority of a court to hear appeals from lower courts and change or uphold the decision

judicial review

The supreme courts power to strike down a law or an executive branch action that it finds unconstitutional x

original jurisdiction

The authority of a court to handle a case first, as in the supreme court's authority to initially hear disputes between two states. However original jurisdiction for the supreme court is not exclusive it may assign such a case to a lower court

constitutional interpretation

the process of determining whether a piece of legislation or governmental action is supported by the constitution

statutory interpretation

The various methods and tests used by the courts for determining the meaning of a law and applying it to specific situations. Congress may overturn the courts' interpretation by writing a new law; thus, it also engages in statutory interpretation

plaintiff

the person or party who brings a case to the court

defendant

the person or party against whom a case is brought

plea bargaining

negotiating an agreement between a plaintiff and a defendant to settle a case before it goes to trial or the verdict is decided. in a civil case, this usually involved an admission of guilt and an agreement on monetary damages; in a criminal case, this often involves an admission of guilt in return for a reduced charge or sentence

class action lawsuit

A case brought by a group of individuals on behalf of themselves and others in the general public who are in similar circumstances.

common law

Law based on the precedent of previous court ruling rather than on legislation. It is used in all federal courts and 49 of the 50 state courts

precedent

A legal norm established in court cases that is then applied to future cases dealing with the same legal questions

standing

legitimate justification for bringing a civil case to court

jurisdiction

The sphere of a court's legal authority to hear and decide cases

appeals courts

The intermediate level of federal courts that hear appeals from district courts. More generally and appeals court is any court with appellate jurisdiction.

senatorial courtesy

A norm in the nomination of district court judges in which the president consults with his or her party's senators from the relevant state in choosing the nominee

writ of certiorari

the most common way for a case to reach the supreme court, in which at least four of the nine judges agree to hear a case that has reached them via an appeal from the losing party in a lower court's6 ruling

mootness

the irrelevance of a case by the time it is received by a federal court, causing the court to decline to hear the case

cert pool

a system initiated in the supreme court in the 1970's in which law clerks screen cases that come to the supreme court and recommend to the justices which cases should be heard

solicitor general

A presidential appointee in the justice department who conducts all litigation on behalf of the federal government before the supreme court and supervises litigation in the federal appellate courts

amicus curiae

Latin for "friend of the court" referring to an interested group or person who sares relevant information about a case to help the court reach a decision

oral arguments

spoken presentations made in person by the lawyers of each party to a judge or an appellate court outlining the legal reasons their side should prevail

strict construction

a way of interpreting the constitution based on its language alone

original intent

the theory that justices should surmise the intentions of the founders when the language of the constitution is unclear

living constitution

way of interpreting the constitution that takes into account evolving national attitudes and circumstances rather than the text alone

attitudinalist approach

a way of understanding decisions of the supreme court based on the political ideologies of the justices

judicial restraint

the idea that the supreme court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws

judicial activism

the idea that the supreme court should asset its interpretation of the law even if it overrules the elected executive and legislative branches of government