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Judicial Branch
vocabulary
| Term | Definition |
|---|---|
| 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 |