CH+10+Judiciary+-+Definitions,+Text+Notes,+Class+Notes+&+Connecting+Theory+to+Reality

=Ch. 10 Judiciary - Definitions, Text Notes, Class Notes & Connecting Theory to Reality= = = =__Definitions (Write the definitions in your own words & try to insert or link a picture with each definition.)__=

amicus curiae - a friend of the court; a person, who is not a member of a case's litigation team, invited by the court to give his/her views on that case. **appellate court** courts that generally review only findings of laws made by lower courts appellate court brief civil law - the body of law that concerns the private rights of individuals; different from the body of law concerning criminal cases. Commerce Clause concurring opinion **constitutional court** Federal courts specifically created by the US constitution or by Congress pursuant to its authority in article III **criminal law**, codes of behavior related to the protection of property and individual safety **informa pauperis** Literally, "in the form of a pauper", a way for a poor person to appeal a case to the Supreme Court **judicial activism** - is the personal interpretation of the law, which are thought by critics to be a misuse of the power of interpretation of the law by a judge or judges for political or personal reasons. **judicial restraint-** Judges power is limited only decisions based on whether law is unconstitutional. **judicial review-** the power of a court to review the actions in terms of their legal or constitutional. **jurisdiction-** the authority given to a legal body, or to a political leader to deal with legal matters, and to enforce legal matters. ** legislative courts- ** courts made by Congress for specific puroses, like the US territorial courts majority opinion **Marbury v. Madison (1803**) - Supreme court case that delcared a proportion of a congressional act unconstitutional and firmly set forth and established the power of judicial review **original jurisdiction** The jurisdiction of courts that hear a case first. Courts determine the facts of a case under their original jurisdiction precedent - a ruling from one case that is used in deciding similar cases. **rule of four** - At least four justices of the Supreme Court must vote to consider a case before it can be heard. **senatorial courtesy** - Process by which presidents generally defer selection of district court judges to the choices of senators of their own party who represent the state where the vacancy occurs. **solicitor general -** The foruth ranking member of the Department of Justice. Responsible for handling all appeals on behalf of the U.S government to the Supreme Court. **stare decisis -** Once a decision has been made on a certain set of facts, that precedent will be applied to all similar cases which have the same facts. **strict constructionist**, a person who approaches constitutional interpretation with an emphasis on what the Framer's would have wanted **unanimous opinion** - an opinion that all of the Court justices agreed on. Warren Court **writ of certiorari**, a request for the Court to order up the records from a lower court to review the case
 * appellate jurisdiction- ** the power of appelate courts, like the Supreme Court, to review the the decision of a lower court on a case
 * trial court- ** the bottom courts where cases originate

=__//Text Notes & Class Notes//__= = =

The Constitution & the Creation of the Federal Judiciary
-courts still have 2 basic limitations today. They have neither the power of the purse nor power of the sword


 * **The Judiciary Act of 1789** set the basic three-part structure of the federal court system.


 * **Checks on the Judicial Branch** president appoints members, senate approves them


 * The Marshall Court:** **//Marbury//** **v.** **//Madison//** **and Judicial Review**


 * The Federal Court System**

-**Constitutional Courts**:

**LEGISLATIVE COURTS**

 * Stare Decisis**


 * Strict Constructionist**


 * Amicus Curiae**


 * T__he Role of Clerks__ **
 * Clerks selected from top graduating classes of prestigious law schools
 * jobs include: searching for arcane facts, researching relevant material, accompaning the justices
 * they read case petitions before the justices decide on whether or not to review a case
 * over time, number of justice clerks have increased.

__**Connecting Theory to Reality**__