Judicial Systems Overview

Flashcards covering key terms and concepts from the lecture on judicial systems, including U.S. hierarchical structure and differences between common law and civil law systems.

Judicial Hierarchy

The three-tiered, pyramid-like structure common in judicial systems worldwide, designed around the idea that most cases are routine applications of existing law.

Precedent (Stare Decisis)

The rule that law from a higher court binds all courts underneath it.

Weak Hierarchical Control

Despite the centralizing role of the Supreme Court, its hierarchical control over lower courts is weak.

Forum Shopping

The criticism that litigants challenging federal law have some ability to pick their venue to increase the chance of a favorable ruling.

Trial De Novo

A common feature of civil law appeals where the case restarts from scratch, allowing the appeal court to introduce new evidence.

Jury Nullification

The inherent power of juries to refuse to convict defendants, acting as a check on government power.

Decentralization and Judicial Independence

The impact of legal systems on judicial independence, with common law being more decentralized and therefore providing more checks against government overreach.

Convergence

The trend where common law and civil law systems begin to look more alike by adopting elements from each other.

Diffuse Judicial Review

The system where lower courts can strike down things as unconstitutional, unlike in systems where only the supreme court has that power.