Term
How is the federal court system organized? |
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Definition
-->The American judicial system is a hierarchy of courts. At the base are the Court of International Trade, District Courts, and Court of Federal Claims. Above that is the Court of Appeals, and the highest court is the Supreme Court.
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| How are the courts reactive constitutions? |
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Definition
- Hear cases with legal issues of national significance.
- Respond to policied adopted in other braches and at other levels of governmetn.
- Their decisions (theoretically) have an effect on the procedure for other similar issues.
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| How are federal judges selected? |
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Definition
- The attorney general compiles a list of possible nominees and the president narrows the list to a few names
- The Judiciary Committee staff and staffs of individual senators carefully examine the nominee's background and past statements on policy issues. They conduct hearings at which the nominee, interest group spokepersons, and other concerned parties testify
- The entire Senate debates the nomination on the floor with the Supreme Court justice presiding, before voting to confirm or reject.
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| How much influence do federal courts have in the policymaking process? |
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Definition
- Make decisions that set the precedent (theoretically) for other rulings.
- The Constitution and the law check judicial authority (i.e. President appoints federal judges)
- Congress and the president believe that judocial rulings are wrong they can undo the Court's wrok by changing the law or the Constitution through ammendment. They can't overrule the Supreme Court decisions based on interpretations of the Constitution by simply passing legislation, they must amend the Constitution which is a difficult and lengthy procedure.
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| a doctrine of constitutional interpretation holding that the Constitution should be interpreted narrowly |
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| a doctrine of constitutional interpretation holding that the document should be interpreted broadly |
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| the charge that judges are going beyond their authority by making the law and not just interpreting it |
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| a theory that encourages judges to limit the exercise of their own power and defer to the policymaking judgement of the legislative and executive branches of government, unless the law clearly violate the law or the Constitution |
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| the authority of a court to hear a case |
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| a legal dispute concerning a private conflict between two parties--individuals, corporations, or gvernment agencies |
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| a legal dispute dealing with an alleged violation of a penal law |
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| A formal examination of a judicial dispute in accordance with law before a single judge. They involve attorneys, witnesses, testimony, evidence, judges, and ocassionally juries. |
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| U.S. Courts of International Trade |
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| Specialized trial courts that deal with the more complex areas of federal law, hearing cases involving international trade and customs issues |
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| U.S. Court of Federal Claims |
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| specialized trial courts that deal with the more complex areas of federal law, hearing disputes over federal contracts and cases involving claims for monetary damages against the U.S. government |
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| an appealate court that hears appeals from the federal trial courts and administrative courts and administrative agencies |
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| the custom that senators from the president's party have a veto on judical ppointments from their states |
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| the concept that federal judges hold lifetime appointements unless they misbehave unless they voluntarily retire or are impeached |
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| The highest court in the land. It is an appealate court that hears appeals from both the federal and state court systems. It's rulings take precdene over the decisions of other federal courts (and state courts on matters involving federal law and the U.S. Constitution) |
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| the set of cases a court may hear as a trial court |
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| The power of a court to review and revise a lower court's decision |
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| teh process whereby an indignat litigant can file an appeal of a case to the supreme Court without paying the usual fees |
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| a decision process used by the Supreme Court to determine which cases to consider on appeal, holding that the Court will hear a case if four of the nine justices agree to the review |
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| an unsigned written opinion of a court (Supreme Court) that explains its decision |
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| written legal arguments presented by parties not directly involved in the case, including interest groups and untis of government |
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| the official written statement of the Supreme Court that explains and justifies its ruling and serves as a guideline for lower courts when similar legal issues arise in the future |
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| a judicial stement that agrees with the Court's ruling but disagrees with the reasoningof the majority opinion |
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| a judicial statement that disagrees with the decision of the Court's majority |
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| law that is written by the legislature |
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| law that involves the interpretation and application of the constitution |
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| Citizens United vs. Federal Elections Commission (2010) |
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Definition
- A Supreme Courts case where CU sued the FEC because the FEC would not allow them to air their partisan ad on the television because it was too soon to the elections.
- The Supreme court ru
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| law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes (Louisiana doesn't practice this unlike most other states) |
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