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40 Cards in this Set
- Front
- Back
Judicial review
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power to review acts of other branches of government and states
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Judiciary Act of 1789
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establish basic three-tiered structure of federal court system
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Litigants
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people participating in a lawsuit
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Marbury v. Madison
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first asserted judicial review
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Trial court
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court of original jurisdiction
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Jurisdiction
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authority vested in a particular court to hear and decide the issues in a case
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Original jurisdiction
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jurisdiction of courts to hear a case first
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Appellate jurisdiction
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power in an appellate court to review decision of lower court
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Criminal law
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body of law that regulates individual conduct
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Civil law
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body of law that regulates conduct between private individuals or companies
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Constitutional courts
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federal district courts, circuit courts of appeals, & Supreme Court
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Legislative courts
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courts established by Congress for specialized purposes
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Brief
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written argument submitted prior to a hearing or trial
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Precedent
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prior judicial decisions serve as a rule for similar cases
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Stare decisis
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“let the decision stand” - reliance on past decisions
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Strict constructionist
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interpretation of Framer’s original intention of Constitution
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Seriatim
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“in a series” – opinions by many
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Informa pauperis
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“as a pauper” - way for a poor person to appeal a case to Supreme Court
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Rule of Four
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four justices of Supreme Court must vote to consider a case
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Writ of Certiorari
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“to be informed” - request for Supreme Court to review case of a lower court
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Amicus curiae
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"friend of the court” – interest group or party can bring information to court if they think its important
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Solicitor general
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4th ranking member of Department of Justice – handles all appeals
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Pro bono
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no fee
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Judicial restraint
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judges who are reluctant to overturn acts of a legislature
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Judicial activism
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judges who have no qualms about overturning a legislative action
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Judicial implementation
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whether judicial decisions are translated into actual public policies
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Litmus test
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asking question on one political belief to make a decision
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Adversary system
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opposing sides argue, and then decision is made
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Justiciable dispute
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case involving an actual legal dispute
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Standing
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vested interest in the outcome of a case
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Political question
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no legal remedy, judge cannot fix
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Class action suit
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group of people harm in same way file suit
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Sovereign immunity
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right of state to be free from lawsuit unless it gives permission to the suit
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Grand jury
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indicting jury, determines if trial will go through
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Petite jury
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hears and decides cases
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Majority opinion
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1 member of Court reflects views of a majority of justices
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Concurring opinion
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by a justice who agrees with the outcome of the case
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Plurality opinion
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attracts support of three or four justices
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Dissenting opinion
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by one or more justices who disagree majority or plurality opinion
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Per curiam opinion:
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unsigned opinion issued by the Court
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