Keeping the Republic: Ch. Courts

These flashcards cover essential legal terms and concepts related to the courts as discussed in the chapter from "Keeping the Republic".

courts

Institutions that administer justice by interpreting laws and resolving disputes.

common law tradition

A legal system based on custom and court rulings rather than written statutes.

precedent

A legal principle established in one case that is authoritative in subsequent cases.

substantive laws

Laws that govern how people behave and define rights and duties.

procedural laws

Laws that outline the methods and procedures for enforcing substantive laws.

procedural due process

The requirement that legal proceedings be conducted fairly and in accordance with established rules.

criminal laws

Laws that prohibit certain actions and impose penalties for violations.

civil laws

Laws that govern disputes between individuals or organizations.

constitutional law

Body of law interpreting the Constitution and its amendments.

statutory laws

Laws enacted by a legislative body.

administrative laws

Rules and regulations created by government agencies.

executive orders

Directives issued by the president or other executive authorities.

judicial review

The power of courts to assess whether a law is in compliance with the Constitution.

Marbury v. Madison

The landmark case that established the principle of judicial review in the U.S.

jurisdiction

The authority of a court to hear a case and make legal judgments.

original jurisdiction

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

appellate jurisdiction

The authority of a court to review and revise the decision of a lower court.

appeal

A request to a higher court to review a lower court's decision.

senatorial courtesy

The practice of allowing senators to block judicial nominations within their state.

strict constructionism

An approach to interpreting the Constitution that emphasizes literal meaning.

judicial interpretivism

An approach to interpreting the Constitution that considers the intentions of its framers and contemporary societal values.

writ of certiorari

An order issued by a higher court to review a lower court's decision.

Rule of Four

The requirement that at least four justices must agree to grant a writ of certiorari.

solicitor general

The attorney who represents the federal government before the Supreme Court.

amicus curiae briefs

Documents filed by non-litigants to advise the court on a case's legal questions.

judicial restraint

The doctrine that judges should defer to the decisions of the elected branches of government.

opinion

A formal statement by a judge or a court outlining its reasoning and decision.

concurring opinions

Opinions written by justices who agree with the majority decision but wish to elaborate or clarify different reasons.

dissenting opinions

Opinions written by justices who disagree with the majority decision.