Judicial Process Exam Study Guide

A set of vocabulary flashcards covering key terms and concepts from the Judicial Process lecture notes.

Law

System of rules created and enforced by legitimate governmental authority to regulate behavior, resolve disputes, and maintain social order.

Three Elements of Law

1. Force, 2. Official Authority, 3. Regularity

Force (in law)

Law is backed by legitimate coercion (police, courts, fines, imprisonment).

Official Authority (in law)

Law must come from recognized government institutions (legislature, courts, executives).

Regularity (in law)

Law is applied consistently across similar cases to ensure fairness and predictability.

Constitutions

Supreme law that sets structure, powers, limits of government, and protects rights.

Legislatures

Create statutory laws (federal and state); examples include civil rights laws.

Executives

Enforce laws and issue executive orders with the force of law.

Quasi-legislative/judicial bodies

Administrative agencies that create rules and adjudicate disputes; examples are IRS and EPA.

Judicial Decisions

Courts interpret statutes and constitutions, creating case law in common-law systems.

Common Law

Law develops case by case; judicial decisions are central.

Precedent

Prior court rulings that guide future cases; binding if from higher courts.

Stare Decisis

“Stand by things decided”; courts generally follow precedent to ensure stability, fairness, and predictability.

Trial courts

Determine facts, hear evidence, issue rulings.

Appellate courts

Review legal errors; do not hear new evidence.

Article III

Establishes the Supreme Court and allows Congress to create lower courts; provides life tenure and salary protection for judges.

Judiciary Act of 1789

Created district courts, circuit courts, and defined jurisdiction.

Marbury v. Madison (1803)

Established judicial review; courts can invalidate unconstitutional laws or executive actions.

Dual Court System

Structure comprising federal courts that handle federal law and state courts that handle state law.

District Courts

Original jurisdiction courts that determine facts.

Circuit Courts of Appeals

Appellate courts that focus on legal errors; typically use three-judge panels.

Supreme Court

Court of last resort with both original and appellate jurisdiction.

Jurisdiction Types

Includes original (first hearing), appellate (review of lower court rulings), and concurrent (case may be heard in multiple courts).

Cert petition

Request to hear a case by the Supreme Court.

Writ of certiorari

Official order to review the lower court decision.

Majority opinion

The official ruling of the court.

Concurring opinion

Agrees with the result of a case but offers different reasoning.

Dissenting opinion

Disagrees with the court ruling and may influence future cases.

Article I Courts

Legislative courts created by Congress for specialized purposes, without life tenure for judges.

Standing

Requirement that plaintiffs must show direct harm to bring a case.

Judicial restraint vs. activism

Debate over the assertiveness of judges in interpreting laws.

Political questions

Issues reserved for legislative/executive branches and not subject to judicial review.