law and courts test 1

Amicus curiae briefs

written to encourage the Supreme Court to take (or not take) a case

Stare decisis

“let the decision stand,” common law system based on precedent

writ of certiorari

formal, request for court to order up records of your case from a lower court

in forma pauperis

“pauper’s petition,” no requirements for filing

minor courts—> courts of common pleas—> superior court & commonwealth court—> supreme court

Levels of PA legal system

U.S District Courts—> U.S. Court of Appeals—> U.S. Supreme Court

Levels of federal court system

Roberts, Thomas, Alito, Gorsuch, Kagan, Sotomayor, Kavanaugh, Coney Barret, Brown Jackson

Supreme Court Justices

civil/code legal system

when a maker of a code tries to write a general body of law at 1 point of time that handles all legal disputes in society (WRITTEN CODE); no adherence to prior judges’ rulings; ex: Romano-Germanic, Roman Empire, Napoleonic France (1804)

common law legal system

when a decision in one case stands as a rule of law to govern decisions of similar cases; system based on precedents set by prior judges; ex: Anglo-Saxon law

appellate jurisdiction

authority to review/revise the decision of a lower court

original jurisdiction

authority to hear a case first and determine the facts of the case; civil and criminal cases

writ of certiorari, in forma pauperis

avenues to supreme court for appellate review

original intent

constitution interpretation that relies on the original intent/meaning of of the rule at the time it was created  

judicial constructivism

constitutional interpretation relying on the words in the text and no other evidence 

judicial activism

constitutional interpretation resting on the general message/spirit of the Constitution

dissenting opinions

disagreeing with the majority and why they disagree

concurring opinions

agreeing with the majority but not the reason for agreeing

judicial review

power of the U.S. Supreme Court to declare a law unconstitutional