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Judicial Branch

vocabulary

TermDefinition
jurisdiction authority to hear certain cases
concurrent jurisdiction both federal and state courts have jurisdiction
trail court the court in which a case is originally tried
original jurisdiction the authority of a trial court to be first to hear a case
appellate jurisdiction authority held by a court to hear a case that is appealed from a lower court
litigant people engaged in a lawsuit
due process clause fourteenth amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
judicial review the power of the supreme court to declare laws and actions of local, state, or national governments unconstitutional
"separate but equal" doctrine a policy which held that if facilities for different races were equal, they could be separate
grand jury group that hears charges against a suspect and decides whether there is sufficient evidence presented at a trial and renders a verdict
indictment a formal charge by a grand jury
petit jury a trial jury, usually consisting of 6 to 12 people, that weighs the evidence presented at a trial and renders a verdict
United States Marshall carries out such duties as making arrests, securing jurors, and keeping order in the courtroom
judicial circuit a region containing a U.S. appellate court
senatorial courtesy a system in which the president submits the name of a candidate for judicial appointments to the senators from the candidates state before formally submitting it for full senate approval
riding the circuit traveling to hold court in a justice's assigned region of the country
opinion a written explanation of a supreme court decision, also, in some states, a written interpretation of a state constitution or state laws by the state's attorney general
Article III Judicial branch portion of constitution
American Bar Association largest national organization of attorneys
write of certiorari an order from the supreme court to a lower court to send up the records on a case for review
per curiam opinion a brief unsigned statement of a supreme court decision
brief amicus curiae friend of the court
majority opinion the court's decision expressing the views of the majority of justices
dissenting opinion the opinion expressed by a minority of justices in a court case
unanimous opinion a court decision in which all justices vote the same way
concurring opinion the court' opinion expressing the views of a justice who agree with the majority's conclusions but for different reasons
impound refuse to spend
stare decisis a latin term meaning "let the decision stand" the principle that once the court rules on a case, its decision serves as a precedent on which to base other decisions
precedent a model on which to base laster decision or actions
advisory opinion a ruling on a law or action that has not been challenged
bloc coalition that promotes a common interest
swing vote the deciding vote
Marbury v. Madison (1803) court has final say on interpretation of the constitution
Fletcher v. Peck (1810) established that a state could not interfere with or impair the value of lawful contract rights
McCullough v. Maryland (1819) Established the foundation for the expansive authority of Congress
Dred Scott v. Sanford Slave was property, not citizen. Had no rights under constitution
Plessy v. Ferguson upheld the separate but equal doctrine used by the southern states to perpetuate segregation after the civil war officially ended segregation
Brown v. Board of Education of Topeka (1954) overruled Plessy v. Ferguson and abandoned separate but equal doctrine in context of public schools
Miranda v. Arizona (1966) Held that a person in police custody cannot be questioned unless told that he or she has 1) the right to remain silent 2) right to attorney 3) anything said can be used as evidence
Olmstead v. United States held that the fourth amendment's prohibition against unreasonable searches and seizures applied only to searches and seizures of tangible property like a person's home
Katz v. United States overruled Olmstead v. United States. declared that 4th amendment applies to people not places
Bush v. Gore miscount of ballot votes in Florida during election of 2000
Chisolm v. Georgia stripped the immunity of the states to lawsuits in federal court
United States v. Nixon Made it clear the president is not above the law
11th amendment Lawsuit against a state must be tried in state court
14th amendment rights of citizens
16th amendment income tax
John Jay First chief justice of United States, who believed "people who own the country ought to govern it"
Thurgood Marshall First African American chief justice
Sandra Day O'Connor 1st woman supreme court justice
Created by: kaitanna97
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