Court Vocab 2

justiciable disputes

issues capable of being settled as a matter of law

original jurisdiction

the jurisdiction of courts that hear a case first, usually in a trial. these are the courts that determine the facts about a case

appellate jurisdiction

the jurisdiction of courts that hear cases brought to them on appeal from lower courts. these courts do not review the factual record, only the legal issues involved

district courts

courts of original jurisdiction they are trial courts—the only federal courts in which trials are held and in which juries may be impaneled

supreme court

the pinnacle of the american judicial system. the court ensures uniformity in interpreting national laws, resolves conflicts among the states, and maintains national supremacy in law

senatorial courtesy

the customary manner in which the senate disposes of state level federal judicial nominations. under this unwritten tradition (which began under george washington in 1789), nominations for these positions are not confirmed when opposed by a senator of the president’s party from the state in which the nominee is to serve

solicitor general

a presidential appointee and the third-ranking official in the department of justice, the solicitor general is in charge of the appellate court litigation of the federal government

opinion

statement of legal reasoning behind a decision

precedent

the way similar cases were handled in the past—as a guide to current decisions

originalism

a view of that the constitution should be interpreted according to the original intentions or original meaning of the framers. many conservatives support this view

judicial implementation

how and whether court decisions are translated into actual policy, thereby affecting the behavior of the others. the courts rely on other units or the government to enforce their decisions

statutory construction

the judicial interpretation of an act of congress. in some cases where this is an issue, congress passes new legislation to clarify existing laws

marbury v. madison

an 1803 case in which chief justice john marshall and his associates first asserted the right of the supreme court to determine the meaning of the constitution. the decision established the court’ power of judicial review over acts of congress

roe v. wade

declared that state bans on all abortions are unconstitutional during the first trimester of pregnancy

bush v. gore

ended recounting of votes in Florida, thus declaring the 2000 presidential election

plessy v. ferguson

declared that “separate but equal” in both federal and state laws was constitutional

brown v. boe

declared that racial segregation in public schools was “inherently unequal”

u.s. v. nixon

a 1974 case in which the supreme court unanimously held that the doctrine of executive privilege was implicit in the constitution but could not be extended to protect documents relevant to criminal prosecutions

mccolloch v. maryland

the case that established the supremacy of the national government over state governments and declared that the congress did have “implied” powers suggested by the constitution

miranda v. arizona

a decision that set guidelines for police questioning of a suspected criminal

baker v. carr

decision that established “one person, one vote” rule in the apportionment of legislative seats

adversarial system

a description of the u.s. court system whereby two parties present their conflict to an impartial arbiter (judge) and expect him/her to solve the problem for them

friday conference

when and where justices meet to discuss cases before the court