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Government: Judicial

Unit 7 Test: Judicial Branch

TermDefinition
Plaintiff the person making a legal complaint in court
Exclusive Jurisdiction the sole right to hear and decide a certain type of case, depending either on the subject matter of a case or the parties involved
Defendent the person against whom a complaint is filed
Concurrent Jursidiction cases that fall under jurisdiction for both state and federal court
Appellate Jurisdiction the authority of some courts to review decisions made by lower courts
Jurisdiction a courts authority to hear and decide a case
Original Jurisdiction the authority of a court to be the first court to hold trials in certain types of cases
Precedent an earlier court decision that guides judges' decisions in later cases
Article III establishes the judicial branch of the federal government.
Judicial Branch made up of the supreme court of the united states and lower courts created by congress; interprets the laws created by congress
Article III, Section 2 describes the jurisdiction of the federal courts; tells what kinds of cases the supreme court will hear (authority over the courts)
Supreme Court the only court the constitution creates
two court systems in the US: federal / state
Court of Appeals: look over the case carefully when the losing side thinks there is an error
Step 1 of Political Process of Becoming a Justice president selects nominee
Step 2 of Political process of Becoming a Justice medias hashes / re-hashes nominee
Step 3 of Political Process of Becoming a justice the senate judiciary committee holds hearings where they question the nominee
Step 4 of political process of becoming a justice committee may try to corner the nominee
Step 5 of political process of becoming a justice senate goes over the nominees background
Step 6 of political process of becoming a justice senate debates whether to confirm the nominee
Step 7 of political process of becoming a justice entire senate votes on nominee; majority vote
Affirm the trial courts decision stands (stays)
Number of supreme court justices 9 / they have the job for life
We expect our judicial system to be: "above politics"
Any requirements to become a justice? none listed in the constitution
Some factors that are considered when picking a justice: the senates approval / the respect of the nominee / record of fairness / experience / qualifications / possible pitfalls
Are justices required to have a law degree? no
Have we had any justices that have not had a law degree? no
Jobs that justices have had prior to becoming a justice: experience as a judge / lawmakers / government attorneys / law-professors
What do presidents consider in terms of ''diversity'' of justices? gender / religious / georgraphic
What should justices do when they are behind the bench? set aside their personal / political views
Judicial Philosophy the way in which a judge understands or interprets the law
originalists want to figure out exactly what the founding fathers intended
textualists look at the text and try to give it common sense interpretation
living constitution theory interprets constitution with todays society / values; todays world / 1787 are completley different
How does judicial philosophy impact a presidents nominee? predicts how the judge will decide a certain case.
about how many cases are filed with the supreme court each year: 8,000
about how many cases are accepted by the supreme court each year: 80
Writ of Certiorari decision made by a supreme court to hear an appeal from a lower court; 4 of 9 must agree to grant one
3 ways a case can reach the supreme court appeals to courts of appeals decision / appeals from state supreme courts / under the courts original jurisdiction
the justice who presides over the supreme court chief justice
per curium opinion a short statement about the courts opinion
brief a written statement that includes legal arguments, important facts, and a list of prior cases that a legal team believes supports their side
amicus curiae friend of the court / other parties involved in the case that have an interest in the outcomes
concurring opinion written by judges who agree with one side or the other, but have different reasons for doing so and wish to have their opinions known
John Jay first chief justice
John Marshall helped the court become a powerful force, established judicial review
Earl Warren responsible for ''incorporation'' which applies the bill of rights to state laws
due process clause applies the bill of rights to state and local laws
judicial review the ability to determine the constitutionality of a law
Judicial Restraint idea that the constitution should be interpreted as the framers originally intended (originalists / textualists)
Judicial Activism the judges can adapt the meaning of the constitution to meet the demands of modern day issues (living document theory)
stare decisis let the decision stand
What exercises more influence on judges than the president does? history
Federal Jurisdiction US constitution / federal laws / bank robbery, counterfeiting, kidnapping, civil rights abuses / disputes w/ two or more states / admiralty and maritime laws / ambassadors & treaties / habeas corpus laws / major criminal cases
State Jurisdiction state constitutions & state laws / divorce, child custody, and probate / inheritance / real estate / juvenile issues / most criminal cases / contract disputes / personal injury
Concurrent Jurisdiction cases that involve residents of different states / cases involving over $70,000
Created by: aliciaroberts
 

 



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