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CNC1 ch 8 key terms

Judiciary

TermDefinition
Article III establishes one supreme court lists power and authority of Supreme Court
Judiciary Act of 1789 Passed by congress, It sets up the three layers of federal courts
Original Jurisdiction the authority of a court to hear a case before any other court does. Supreme court and district court has it.
Appellate Jurisdiction is the authority of court to hear cases that have been tried, decided, or reexamined in other courts.
Mayberry v Madison Established the courts power of judicial review
Judicial Review the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent to determine whether they are constitutional.
Writ of Mandamus Court Order, an order issued by the supreme court requiring a government agent to carry out legal duty.
McCulloch v Maryland Case striking down laws that conflicts with the constitution.
Case General term for a court hearing
Writ of Certiorari A request from a high court to a lower court for records of a case to be sent for review.
Rule of Four Supreme courts tradition of hearing a case if 4 justices vote to.
Amicus Curiae Brief A brief filed by a friend of the court or someone who is not directly involved in the cas
Oral Arguments Where attorneys from both sides have 30 minutes to argue their side.
Majority Opinion Results or sentence of a case from the supreme court.
Concurring opinion Agreement with the majority opinion but has different reasoning as to why.
Dissenting Opinion Does not agree with the majority opinion.
Good Behavior Acting in and with the constitution including following all laws.
Advice and Consent of Senate Agreeing to presidents selection of court justices
Judicial Philosophy Activism or restraint. The way a judge views things.
Judicial Restraint When the judge rules for what is exactly in the constitution.
Original Intent Try to find what the person was originally trying to do.
Judicial Activism Protects the interest of the court.
Senate Judiciary Committee Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on
Precedent A judicial ruling that serves as the basis for the ruling in the next related case.
District of Columbia v. Heller Banning handguns is unconstitutional and against the 2nd amendment which establish that individual can bear arms.
Roe v. Wade The Court's decision in Roe v. Wade (1973) expanded women's reproductive rights.
Created by: 1238313703
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