Chapter 14 Judiciary

Broad construction/modernism

A theory of interpretation of the Constitution that holds that the spirit of the times, the values of the justices, and the needs of the nation may legitimately influence the decisions of a court, particularly the Supreme Court. Sometimes called judicial activism.

Appellate jurisdiction

Appellate jurisdiction is the power of a higher court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right.

Writ of certiorari

Court grants writ of certiori (cert) Says Supreme Court will hear the case 4 justices must agree to hear the case "rule of four"

Circuit courts

In 1789, the United States circuit courts were United States federal courts established in each federal judicial district. These circuit courts exercised both original (first instance) and appellate jurisdiction. They existed until 1912. 13 circuits. Only have appellate jurisdiction.

Federal question

In United States law, federal-question jurisdiction is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.

Standing

In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.

Judicial review

Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution.

Marbury v. Madison

Marbury v. Madison, 5 U.S. 137, was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.

Oral argument

Oral arguments are spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute.

State court system

The federal district courts hear cases that arise under federal law or the U.S. Constitution. The second levels are the appellate courts, which hear appeals from the trial courts. Both the state and federal systems have a Supreme Court, to serve as the "court of last resort."

Original jurisdiction

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.

Concurring opinion

a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.

Appeals (appellate) courts

a court that hears appeals from a lower court. (hears the district court appeals)

Majority opinion

a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion.

District courts

a state of federal trial court. roughly 800 judges, at least one court per state.

Judiciary

also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state.

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Legal model

facts + law = decision

Attitudinal model

facts + law = inconclusive. other factors must have influence. Courts are political actors.

Strict construction/original intent

interpret constitution and other law narrowly, do not go beyond what is written, apply existing law exactly.

Roe v. Wade

is a landmark decision by the United States Supreme Court on the issue of abortion.

Judicial restraint

is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

Dissenting opinion

is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.

Judicial activism

is when judges substitute their own political opinions for the applicable law, or when judges act like a legislature (legislating from the bench) rather than like a traditional court.

Supreme Court

the highest judicial court in a country or state. the highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation.

Stare decisis

the legal principle of determining points in litigation according to precedent.

Jurisdiction

the official power to make legal decisions and judgments.

Filibuster change

you can no longer filibuster as of fall of 2013