Topic 7- Judicial Branch Test Review

appellate jurisdiction

authority to hear a case on an appeal

concurrent jurisdiction

authority to hear a case is shared between federal courts and state courts

exclusive jurisdiction

authority to hear a case only rests with the federal courts

original jurisdiction

authority to hear a case first

plaintiff

the person who files a suit

defendant

the person against whom a complaint is made

civil case

noncriminal matter

criminal case

case involving someone breaking a crime

majority opinion

issued for every Supreme Court decision; lays out facts of the case, says the issues it presents, and becomes the new precendent

concurring opinion

someone in the majority agrees with the majority opinion, but are emphasizing a point not made before

dissenting opinion

whenever the Supreme Court decision is not unanimous, someone from the minority writes this to explain why they disagreed with the majority

judicial review

power of the court to strike down something as unconstitutional

district court

federal trial courts; courts of first instance; original jurisdiction in most federal cases

US Courts of Appeals

created to relieve burden of Supreme Court; appellate jurisdiction

judicial activism

judges play an active role in constitutional interpretation, often using changing times, morals, and values to change past precedent

judicial restraint

judges interpret the Constitution based on the original intent of the Framers or past precedent

President

appoints federal judges

Senate

confirms federal judges

Life

term for judges on the Supreme Court and other constitutional courts

Article III Courts

inferior constitutional courts; exercise broad judicial power

Article I Courts

inferior special courts; deal with specific acts of Congress

Territorial Courts

trial courts with original jurisdiction in Guam, American Samoa, Virgin Islands, etc.

Supreme Court Jurisdiction

Most cases reach it on appeals from lower courts, but they do have original jurisdiction in a few instances

Marbury v. Madison 1803

establishes the power of judicial review for the Supreme Court

9 Justices

Number of justices on the Supreme Court

Writ of Certiorari

Order by the Supreme Court to a lower court to send up the facts of a case for review

By Certificate

a lower court sending up a case to the Supreme Court, because they do not know how to apply the law in that instance

simple majority

needed to decide a Supreme Court case

Only Court created by the Constitution

Supreme Court- created in Article III, Section 1

Court of International Trade

deals with custom and trade related law

docket

list of cases to be heard

interpret laws

what the judicial branch does with laws

Court of Federal Claims

exists for suits against the federal government

dual court system

the existence of state courts and federal courts; exists because of our federal system of government

No federal judiciary under the Articles of Confederation

This is why the Framers thought it was important to have a federal judiciary

Court of Appeals for Veterans Claims

exists for Veterans

military commission

court like body that exists to try unlawful enemy combatants

courts-martial

military court that serves the disciplinary needs of the armed forces

Solicitor General

represents the US in front of the Supreme Court

US Attorney

the federal government's prosecutor in each district

Court of Appeals for Armed Forces

hears appeals from courts-martial

US Tax Court

independent legislative body that hears cases involving disputes with the Internal Revenue Service

indictment by a grand jury

must occur before someone goes to a federal trial and is found guilty or innocent

rule of four

says that this many justices must agree before a case is put on the docket

redress

satisfaction for a claim or payment