5th Hour - Ch. 9 BWQ

Brief

a document containing legal arguments filed before trial

Precedent

a prior ruling that serves as a rule for settling following cases

Stare Decisis

a reliance on past decisions or precedents to create decisions in new cases

Rule of Four

at least four justices of the Supreme Court must agree to hear a case

Writ of Certiorari

a request for the Supreme Court to order up a case from a lower court

Judicial Review

power of the courts to review acts of branches of government and the states

Appellate Court

the court where a lower court's ruling is reviewed

Trial Court

the court where the case is FIRST heard

Marbury vs. Madison

the Supreme Court case that established judicial review

Jurisdiction

authority of a court to hear a case

Original Jurisdiction

jurisdiction where a case is heard first

Constitutional Court

a court created by the U.S. Constitution

Legislative Court

a court created by legislation

Appellate Jurisdiction

power of an appellate court to review and/or revise the decision of a lower court

Concurring Opinion

an opinion that agrees with the majority but wants to add other arguments

Amicus Curiae

briefs filed by a third party before a case is heard

Majority Opinion

opinion representing the ruling of the court

Dissenting Opinion

an opinion that disagrees with the view of the court

Solicitor General

responsible on handling all appeals for the U.S. Government with the Supreme Court

Senatorial Courtesy

when Senators give a list of acceptable judges to the President for nomination

Judicial Activism

a philosophy that believes judges should use their power to further justice

Loose Constructionist

a view of the constitution as changing with the times

Strict Constructionist

a view of the constitution that emphasizes the Framers’ original intentions

Judicial Implementation

how judicial decisions are converted into public policy

Judicial Restraint

a philosophy that believes decisions of other branches should stand