Chapter 9: The Judiciary

The Judiciary

22 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Judicial Review
Power of the courts to review acts of other branches of government and the states
Judiciary Act of 1789
Established the basic three-tiered structure of the federal court system
Marbury v. Madison
Case in which the supreme court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional
Trial court
Court of original jurisdiction where cases begin
Appellate court
Court that generally reviews only findings of law made by lower courts
Jurisdiction
Authority vested in a particular court to hear and decide the issues in any particular case
Original jurisdiction
The jurisdiction of courts thaat hear a case first, usually in a trial. These courts determine the facts of a case
Appellate jurisdiction
The power vested in particular courts to review and/or revise the decision of a lower court
Criminal law
Codes of behavior related to the protection of property and individual safety
Civil law
Codes of behavior related to business and contractual relationships between groups and individuals
Brief
A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial
Precedent
A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Stare decisis
In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases
Senatorial courtesy
Process by which presidents generally defer selection of district court judges to the choice of senators of their own party who represent the state where the vacancy occurs
Writ of certiorari
A request for the Court to order up the records from a lower court to review the case