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The Judiciary
Review of the Judicial Branch
19
Political Studies
Undergraduate 1
10/28/2010

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Cards

Term
Judicial Restraint
Definition
Strict Constructionist; interprets the Constitution according to the original intent of the Framers
Term
Judicial Activism
Definition
Court uses power to further justice, especially in areas of equality of personal liberty. For example, the Warren Court's expansion of civil liberties. Believe the Consitution is a living, changing document.
Term
amicus curiae brief
Definition
A brief by a "friend of the court" who is not a party in the case, but wants to provide additional view points for the court to consider because they have an interest in the outcome.
Term
writ of certiorari
Definition
A request from a higher court to send up the documents from the lower court. "to be certified" In the Supreme Court, this is granted when 4 justices decide to hear a case.
Term
stare decisis
Definition
Reliance on past decisions (precedents) to decide the outcome of a case.
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 buisiness and contractual relationships between groups or individuals. $$$
Term
Constitutional Courts
Definition
Article III courts; the Supreme Court and inferior courts. Judges have life tenure.
Term
Legislative Courts
Definition
Courts established by Congress for a particular purpose. Example: Court of Military Appeals.
Term
Original Jurisdiction
Definition
The jurisdiction of courts that hear a case first.
Term
Appellate Jurisdiction
Definition
Powers vested in a court to review and revise decisions of a lower court.
Term
Judicial Review
Definition
Power of the courts to review legislative acts of the other branches of government and the states. Established in Marbury v. Madison (1803).
Term
writ of mandamus
Definition
An extraordinary court order from a higher court to a lower court, institution or person, usually without full judicial proceedings, obligating the party to do or refrain from doing something.
Term
District Courts
Definition
There are currently 94 in the United States and have original jurisdiction in Federal matters, including both civil and criminal cases.
Term
Federal Circuit Court of Appeals
Definition
There are 13 of these courts and the do not have any original jursidiction. Decisions of these courts are only binding in their districts.
Term
The Judiciary Act of 1789
Definition
Established the 3-tiered court system.
Term
Nine
Definition
The current number of justices on the Supreme Court.
Term
Article III
Definition
Gave Congress the authority to establish lower courts, established the jurisdiction of the Supreme Court and defined the only crime mentioned in the Consitution; treason.
Term
Reasons for life tenure
Definition
The job isn't dependent on the way the justices vote and they are to be independent of politics and not subject to political whims.
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