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Unit 6: Judiciary
American Government
Question | Answer |
---|---|
Appeal | The transfer of a case from a lower to a higher court for a new hearing. |
Litigation | An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. |
Standing | The right to file a lawsuit or file a petition under the circumstances. |
Precedents | A legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases. |
Docket | Also called trial docket. a list of cases in court for trial, or the names of the parties who have cases pending. |
Senate Judiciary Committee | a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges |
Original Intent | judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified. |
Marbury V. Madison | Established judicial review; "midnight judges;" John Marshall; power of Supreme Court |
McCulloch V. Maryland | Established national supremacy, implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax involves the power to destroy." |
Federalist #78 | Hamilton argued that Judiciary must be separate from the two other branches and that it must have to power to strike down unconstitutional laws. Also said that Judiciary will be the weakest of branches. |
Insulated | to keep someone apart from particular experiences or influences, especially unpleasant ones |
Deviate | to change what you are doing so that you are not following an expected plan, idea, or type of behaviour |
Oust | to force someone out of a position of power, especially so that you can take their place |
Appellate Jurisdiction | Authority of a court to hear an appeal from a lower court. |
Casework | Personal work done by a member of Congress for his constituents. |
Civil Law | Concerns noncriminal disputes between private parties. |
Class Action Lawsuit | Lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies. |
Concurring Opinion | Written by a Supreme Court Justice who voted with the majority, but for different reasons. |
Dissenting Opinion | Written by a Supreme Court Justice who expresses a minority viewpoint in a case. |
Injunction | Court order that forbids a party from performing a certain action. |
Judicial Activism | Philosophy that the courts should take an active role in solving problems. |
Judicial Restraint | Philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law. |
Judicial Review | Power of the courts to review the constitutionality of laws or government actions. |
Majority Opinion | Written to express the majority viewpoint in a Supreme Court case. |
Original Jurisdiction | Authority of a court to first hear a case. |
Remand | The Supreme Court's sending of a case back to the original court in which it was heard. |
Rule of Four | The Supreme Court will hear a case if four Justices agree to do so. |
"Stare Decisis" | Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases. |
"Writ of Certiorari" | Issued by the Supreme Court to a lower court to send up the records of a case so that it can be reviewed by the high court. |
"Writ of Habeas Corpus" | Court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment. |
"Writ of Mandamus" | Court order directing a party to perform a certain action. |