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Ch. 10
Judiciary System
| Question | Answer |
|---|---|
| at least four justices of the Supreme Court must vote to consider a case before it can be heard | Rule of Four |
| a request for the Court to order up the records from a lower court to review the case | writ of certiorari |
| an approach to constitutional interpretation that emphasizes that emphasizes the Framers' original intentions | strict constructionist |
| process by which presidents defer selection of district court judges to the choice of senators of their own party who represents the state where the vacancy occurs | senatorial courtesy |
| prior judicial decisions that serve as a rule for settling subsequent cases of a similar nature | precedents |
| in court rulings, a reliance on past decisions or precedents to formulate decisions in new cases | stare decisis |
| power of the courts to review acts of other branches of government and the states | judicial review |
| established the basic three-tiered structure of the federal court system | Judiciary Act of 1789 |
| cases in which the SC first asserted the power of judicial review in finding that the congressional statute extending the Court's original jurisdiction was unconstitutional | Marbury v. Madision (1803) |
| authority vested in a particular court to hear and decide the issues in any particular case | jurisdiction |
| the jurisdiction of courts that hear a case first, usually in a trial. Courts determine the facts of a case under their original jurisdiction | original jurisdiction |
| the power vested in an appellate court to review and/or revise the decision of a lower court | appellate jurisdiction |
| denied the right of a state to tax the bank, upheld the power of the national government, broad interpretation of necessary and proper clause , increased federal power | McCulloch v. Maryland (1819) |
| "friend of the court"; amici may file briefs or even appear to argue their interests orally before the court | amicus curiae |
| the 4th ranking member of the Dept. of Justice; responsible for handling all appeals on behalf of the US gov't to the Supreme Court | solicitor general |
| What does the solicitor general appears as in more than 50% of cases heard by the Supreme Court? | an amicus curiae |
| a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them | en banc |
| opinion that sets out the legal reasoning justifying the decision & becomes a precedent for deciding future cases. it is written by one member of the court to reflect the views of at least 5 judges | majority opinion |
| the opinion of a Justice who agree w/ the outcome of the cases but not w/ the legal rationale for the decision | concurring opinion |
| opinion of a justice who does not agree w/ the outcome of a case file; can be an important indicator of legal thought on the Court | dissenting opinion |
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OnChromebook
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