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Flashcards in judicial defs Deck (21)
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1

Inferior courts

lower federal courts below the Supreme Court

2

Constitutional Courts

deals with judicial power in the US (courts of appeals, district courts, and the US Court of International Trade)

3

Special Courts

usually has a more narrow focus (US Court of Appeals for Armed Forces, the US Tax Court)

4

Jurisdiction

the authority of the court to hear and decide a case

5

Exclusive Jurisdiction

most cases in federal court fall in this category; this means that the case can ONLY be heard in Federal Court

6

Concurrent jurisdiction

a case that could be tried in either Federal or state court

7

Original Jurisdiction

the court in which the case was first heard ('court of first instance')

8

Appellate Jurisdiction

a court that hears the case of appeal from a lower court

9

Judicial Restraint

believe that judges should decide cases based on the original intent of the framers of the constitution and the idea of the Precedent (usually republicans)

10

Precedent

judicial decision that serves as a guide for settling later cases of a similar nature

11

Judicial Activism

believe that provisions in the Constitution and statute law should be interpreted and applied in light of ongoing changes in conditions and values (usually democrats)

12

FISA Court

a collection of 11 Federal Judges from around the country who are appointed to seven year terms by the chief justice of the US Supreme court

13

Supreme Court

conduct judicial reviews of laws in the US

14

Rule of Four

at least four of the nine justices must agree that a case should be put on the court docket

15

docket

schedule

16

Writ of Centiorari

order by the SC to a lower court directing the lower court to send up the record in a given case for it review

17

brief

a written statement that is supposed to outline the facts of the case and legal beliefs of the case

18

Solicitor General

a representative from the Department of Justice who represents the United States government in all cases which it is a party in the SC

19

majority opinion

sets out the facts in a case, identifies the issues its presents, and details the reasons for the majority's decision
stands as precendents

20

concurring opinion

a justice who may agree with the majority opinion but writes their own opinion because the Majority opinion may not address a certain issue

21

dissenting opinion

one of more justices may write a dissenting opinion if they disagree with the majority opinion
DONT become legal precedents