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Chpt 10
Ap gov chapter 10
24
Political Studies
10th Grade
05/03/2011

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Term
judicial review
Definition
power of the courts to review acts of other branches of government and the states
Term
Judiciary act of 1789
Definition
established the basic three tiered structure of the federal court system
Term
Marbury v. Madison (1803)
Definition
case in which the supreme court first asserted the power of judicial review in finding that the congressional statute extending the court's original jurisdiction was unconstitutional
Term
trial courts
Definition
courts of original jurisdiction where cases begin
Term
appellate courts
Definition
courts that generally review only findings of law made by lower courts
Term
jurisdiction
Definition
authority vested in a particular court to hear and decide the issues in any particular case
Term
original jurisdiction
Definition
the jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction
Term
appellate jurisdiction
Definition
the power vested in an appellate court to review and/or revise the decision of a lower court
Term
criminal law
Definition
codes of behavior related to the protection of property and individual safety
Term
civil law
Definition
codes of behavior related to business and contractual relationships between groups and individuals
Term
constitutional courts
Definition
federal courts specifically created by the U.S. constitution or by congress pursuant to its authority in Article III
Term
legislative courts
Definition
courts established by congress for specialized purposes, such as the court of military appeals.
Term
brief
Definition
a document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.
Term
precedents
Definition
prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature
Term
stare decisis
Definition
in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
Term
senatorial courtesy
Definition
process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs
Term
strict constructionist
Definition
an approach to constitutional interpretation that emphasizes the Framers' original intentions
Term
writ of certiorari
Definition
a request for the court to order up the records from a lower court to review the case
Term
rule of four
Definition
at least four justices of the supreme court must vote to consider a case before it can be heard
Term
solicitor general
Definition
the fourth-ranking member of the department of justice; responsible for handling all appeals on behalf of the U.S. government to the Supreme Court
Term
amicus curiae
Definition
'Friend of the court"; amici may file briefs or even appear to argue their interest orally before the court
Term
judicial restraint
Definition
a philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge's own sense of principles.
Term
judicial activism
Definition
a philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty.
Term
judicial implementation
Definition
refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
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