Studied by 14 people
Appellate Jurisdiction
Courts right to hear an appeal and review the trial for error
Attorney General
Represents the U.S. in legal matters
Certiorari
writ or order saying that you will review the case
Federalist No 78
Hamilton affirmed that the independent judicial branch has the power of judicial review to examine acts of legislatures to see if they comport with the proposed Constitution
Judicial Review
to examine acts of legislatures to see if they comport with the proposed Constitution
Marbury v Madison
Judicial Review
Ruled that an appointed judge could assume for his appointed position
Original Jurisdiction
the authority to hear a case for the first time
U.S. District Courts
Lowest tier of the three level federal court system
U.S. Circuit Courts of Appeals
Middle tier of the three level federal court system
U.S. Supreme Court
Top level of the three level federal court system
Binding Precedent
When a U.S. District court reviews a case that parallels an already decided case from the circuit level, the district court is obliged to rule the same way
Persuasive Precedent
Judges can consider past decisions made in other district courts or far away circuit courts as a guiding bases for a decision
Precedent
A ruiling that firmly establishes a legal principle
John Roberts
Current chief justice of the supreme court, nominated by George Bush
State Decisis
The concept of “let the decision stand” that governs common law
Concurring Opinion
Justices that agree with the majority and join that vote but have reservations about the majorities legal reasoning
Dissenting Opinions
Those who vote against the majority
Liberal Constructionist
Interprets the Constitution as a living document and takes into account changes and social conditions since ratification
Majority Opinion
Reflect the court’s ruling
Petition for Certiorari
A brief arguing why the lower court erred
Rule of Four
four of the nine supreme court judges must agree to hear a case
Strict Constructionist
Interprets the Constitution in its original context
Robert Bork
Reagan’s supreme court nominee calls for the term “to bork which is destroying a nominee due to character background”
Merrick Garland
Denied a supreme court nomination due to the senate stating they will wait for the new president before voting for the new justice
Judicial Activism
When judges strike down laws or reverse public policy
Judicial Restraint
Court should not dispute/interfere with created policy. Elected legislatures should create policy
“Nucleur Option”
A procedure only for senate, that allows senate to overide a standing rule with only a simple majority rather than a super majority
Senatorial Courtesy
Taking into consideration the senators from the presidents home state when selecting federal judges
Standing
The requirement for bringing a case to court
Clarence Thomas
President Bush;s controversial supreme court nomination, very conservative, accused of sexual misconduct
