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Test #3
vocabulary terms
85
Political Studies
Undergraduate 1
11/09/2011

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Cards

Term
judicial review
Definition
the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S constitution or in a state court, the state constitution
Term
strict construction [also known as "judicial restraint"]-
Definition
a philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the constitution
Term
loose construction [also known as "judicial activism"]-
Definition
a philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the constitution
Term
Marbury v. Madison (1803)-
Definition

established the principle of judicial review

Term
Martin v. Hunter’s Lessee (1816)-
Definition

first case to assert ultimate supreme court authority over state courts in matters of federal law

Term
McCulloch v. Maryland (1819)-
Definition
ruled congress had implied powers under the necessary and proper clause of Article 1 section 8
Term
Gibbons v. Ogden (1824)-
Definition

the power to regulate interstate commerce was granted to congress

Term
William Rehnquist
Definition

is the 16th chief justice of the U.S and is the fourth longest serving chief justice

Term
United States v. Lopez (1995)-
Definition
first u.s supreme court case since the New Deal to se limits to congress power under the commerce clause
Term
Bush v. Gore (2000)-
Definition

ruled that the system devised by the Florida supreme court to recount the votes was unconstitutional making Bush the new pres.

Term
equal protection clause-
Definition
the clause in the Fourteenth Amendment to the U.S. Constitution that prohibits any state from denying to any person within its jurisdiction the equal protection of the laws
Term
John Jay
Definition

first Chief Justice of the United States; he quit to run for Governor of New York because he felt the job as Chief Justice wasn’t sufficiently prestigious; this was before the Court developed the concept of “judicial review”]

Term
the three levels of the federal court system
Definition

federal trial courts, federal intermediary appellate courts, the US Supreme Court

Term
Trial
Definition

a judicial examination of issues of fact or law disputed by parties for the purpose of determining the rights of the parties compare

hearing, inquest

Term
Appeal-
Definition
a proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect .
Term
the number of US district courts
Definition

at least one in each state, one in DC, and the territories)

Term
jurisdiction of US district courts
Definition
appellate jurisdiction
Term
criminal case [what is criminal law?]-
Definition

a law that defines crimes against the public order

Term
civil case [what is civil law?]-
Definition
a law that governs relationships between individuals and defines their legal rights
Term
state courts rather than federal courts]
Definition

most legal disputes handled by

 

Term
Senatorial courtesy
Definition

the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work

Term
president with consent of the senate
Definition
appointments made by
Term
Senate Judiciary Committee
Definition

where battle over judicial confirmations takes place; all judicial nominations referred here for a hearing and committee vote before consideration by entire senate

Term
judges are appointed for
Definition
life
Term
federal courts of appeals (aka, circuit courts of appeal)-
Definition

courts with appellate jurisdiction that hear appeals from the decisions of lower courts

Term
legal briefs
Definition
-a document stating the facts and points of law of a client's case.
Term
Affirm
Definition
to assert as true or factual
Term
Remand-
Definition
to return (a case or matter) from one court to another esp. lower court or from a court to an administrative agency
Term
original jurisdiction
Definition

the authority of a court to review decisions made by lower courts

Term
original jurisdiction of the US Supreme Court
Definition

- only in cases involving ambassadors other public ministers and other diplomats and cases in which a state or states are a party

Term
[Article III of the US Constitution
Definition

created the United States Supreme Court;

empowered Congress to create at its discretion lower federal courts under the Supreme Court]

 

Term
first constitution, the Articles of Confederation
Definition

there was no federal judicial branch, and hence, no US Supreme Court under the____;

each state had its own judiciary (and each of the 50 states today has its own judiciary as well]

Term
federal trial courts, federal intermediary appellate courts, the US Supreme Court
Definition
the three levels of the federal court system
Term
appellate courts
Definition

no juries in _____;

only judges; no new evidence or testimony is considered

Term
errors
Definition

appellate courts look for ______

made in the application of the law by the lower courts.

Term

(at least one in each state, one in DC, and the territories)

Definition
the number of US district courts
Term
state courts rather than federal courts
Definition
most legal disputes handled by
Term
President; senate
Definition
appointments made by ____ with consent of the _____
Term
13; 12; 1; DC; 5th circuit court
Definition
how many court of appeals? country divided into ___ geographic regions with __ circuit court in each region and one circuit court in ___. texas is?
Term
US court of appeals
Definition

appellate jurisdiction of US Supreme Court (hears cases primarily from _____.

also accepts cases from the highest courts of the states but only if the case is being appealed on an issue pertaining to the US Constitution

Term
congress
Definition
can reduce the jurisdiction of the Supreme Court?
Term
a president’s selection of member(s) of the Supreme Court (if given the chance)
Definition

is considered to be one of his most important acts

Term
supreme court; lower federal court judges
Definition
_____nominations have typically faced more scrutiny than _____
Term
appellate cases
Definition

matters go before the US Supreme Court as ____

from the lower courts [must be an actual case or controversy]

Term
Supreme Court
Definition
no advisory opinions given by
Term
first monday in october; end of june
Definition
supreme court term is ____ to ___
Term
in forma pauperis
Definition
petition that allows a party to file “as a pauper” and avoid paying court fees
Term
9; 4
Definition

to secure a review in conference __

justices in supreme court consider the request and if ___

justices agree petition is granted. The case is then scheduled for oral argument

Term
rule of four
Definition
a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide.
Term
broad
Definition

U.S. Supreme Court has ___

discretion in deciding what cases to hear

Term
writ of certiorari
Definition
— the paperwork one files with the U.S. Supreme Court asking for a review of the appellant's case
Term
per curiam opinion
Definition

ruling issued by an

appellate court of multiple judges in which the decision rendered is made by the court

(or at least, a majority of the court) acting collectively and anonymously

Term
amicus curiae briefs
Definition

a “ friend of the court” brief filed by an

individual or organization to present argument in addition to those presented by the immediate parties to a case

Term
oral arguments
Definition
listened to by for 2 weeks by supreme court - oral presentation of a party's position and the reasoning behind it before an esp. appellate court
Term
opinion of the court the defintion of opinion
Definition
here is a legal term referring to the decision of an appellate court and the official explanation of the legal reasoning used by the appellate court in reaching that decision by stare decisis
Term
stare decisis
Definition
that decision announced by the opinion becomes law
Term
concurring opinion
Definition
an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning
Term
dissenting opinion
Definition

an opinion disagreeing with the majority in a supreme court ruling

Term
United States Report
Definition

the official record of the rulings, orders, case tables

clarification needed, and other proceedings of the Supreme Court of the United States

.

Term
opinion of the court
Definition
decision of the court
Term
concurring and dissenting; United States Reports;  private
Definition

opinion of the court is published with the ___ and ___ opinion in the official reporter ____ and

numerous other reporters published by ___ companies.

Term
federal law; supreme court
Definition

if Congress and the president disagree with the Court’s interpretation of federal law, they can change the _____.

Congress and the president, however, cannot overrule ____

Term
statutory law
Definition

the law that exists in legislatively enacted statutes esp. as distinguished from common law compare

common law

Term
constitutional law
Definition
body of statutory and case law that is based on, concerns, or interprets a constitution.
Term
criminal case
Definition
a case prosecuted by the government, on behalf of society at large, against an individual or organization accused of committing a crime. If the defendant is found guilty, the sentence (or punishment) is often imprisonment.
Term
criminal defendant
Definition
A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff
Term
prosecutor
Definition
- a person who institutes a prosecution; a government attorney who presents the state's case against the defendant in a criminal prosecution
Term
burden of proof
Definition
- the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue [the burden of proof is sometimes upon the defendant to show his incompetency .
Term
beyond a reasonable doubt
Definition

the

standard of evidence required to validate a criminal conviction in most adversarial legal systems

.

Term
misdemeanor
Definition

three classes; a crime that carries a less severe punishment than a felony; a crime punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year compare

felony

.

Term
felony
Definition
- a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor
Term
capital punishment
Definition
death penalty
Term
civil case
Definition
- a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the defendant's breach of duty caused financial or personal injury to the plaintiff
Term
plaintiff
Definition
the party who institutes a legal action or claim.
Term
civil defendant
Definition
In every legal action, whether civil or criminal, there are two sides. The person suing is the plaintiff and the person against whom the suit is brought is the defendant. In some instances, there may be more than one plaintiff or defendant.
Term
preponderance of the evidence
Definition

the evidence meeting this standard [plaintiffs must show by a ___ __ __ ___ that defendant's negligence proximately caused the injuries] compare

clear and convincing, reasonable doubt

.

Term
property case
Definition
deals with real estate and disputes about property ownership, property descriptions, property lines.
Term
probate case
Definition
refers to an administrative procedure whereby the probate court judge assist executors of wills settle estate matters such as pay debts, distribute property, close bank accounts, pay for funeral costs, and similar issues involved with the responsibilities of administering a will.
Term
unclear; mental institutions; guardianship
Definition

Probate judges can hear cases where wills are ____.

also assist individuals who are seeking to involuntarily commitment people to ____ ____.

The court can help individuals assume the ____  of another person who may be unable to care for themselves because of age or illness.

Term
domestic relations case [in Texas, it is called “family law”]-
Definition
an area of law dealing with family relations including divorce, adoption, paternity, custody, and support.
Term
contract case
Definition
disputes about agreements between parties and getting paid or goods and services.
Term
tort case
Definition
that involves a breach of a civil duty (other than a contractual duty) owed to someone else
Term
Litigants
Definition
A person involved in a lawsuit
Term
adversarial proceedings
Definition
Any action, hearing, investigation, inquest, or inquiry brought by one party against another in which the party seeking relief has given legal notice to and provided the other party with an opportunity to contest the claims that have been made against him or her. A court trial is a typical example
Term
law; judge; jury's consideration;
Definition

[adversarial system--the American system of justice is essentially a fight between the two sides, with the process controlled by ___ and procedure by the ___

and the outcome decided by the ___ _____

of the facts in evidence presented

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