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supreme court
| Term | Definition |
|---|---|
| appointment clause | empowers the President to nominate and, with Senate advice and consent, appoint principal officers like ambassadors, Supreme Court justices, and Cabinet secretaries |
| "good behavior" | indicates that justices serve for life unless impeached |
| example of checks and balances | Congress has the power to establish new courts and sets the number of Supreme Court Justices |
| Litmus Test | Starting with Nixon, Presidential candidates began to discuss political ideology of potential justices as part of their campaign. |
| Original Jurisdiction | case is heard for the first time |
| Appellate | - court hears an appeal of a decision by a lower court. |
| Marbury v. Madison | SCOTUS has the authority to examine the constitutionality of congressional law or presidential action. |
| Federalist 78 | Supreme Court does not have the power of the purse or sword |
| Amicus Curiae | "friend of the court" |
| Writ of Certiorari | a legal order from a higher court,; a lower court to send up the record of a case for review |
| Writ of Mandamus | extraordinary court order issued by a superior court to force action when a public official or agency has neglected a non-discretionary duty, such as acting on an unreasonably delayed application. |
| Habeas Corpus | a fundamental legal action allowing detainees to challenge unlawful imprisonment before a court, serving as a critical check against arbitrary state power and ensuring DUE PROCESS |
| De Facto | describes an action occurring in practice but that is not necessarily created by law |
| De Jure | used to reference an action or regulation that is formally established by law. |
| Ex Post Facto | describes the situation in which a new law applies to acts committed in the past. (ex. sex offender registry) |
| Quid Pro Quo | "a favor for a favor" |
| Subpoena | a writ ordering a person to attend the court |
| in forma pauperis | "like a poor person" a legal status allowing indigent individuals to file lawsuits or appeals without paying court fees and costs |