Tuesday, May 31, 2011

Review

  1. Amicus curiae: a brief submitted by a "friend of the court"
  2. Brief: a written summary by an attorney that summarizes a case and the laws and rulings that support it
  3. Class-action Suit: a case brought by someone to help him or her and all other who are simarly situate.
  4. Sovereign Immunity: The rule that a citizen cannot sue the government without the government consent.
  5.  Concurring Opinion: a signed opinion in which one or more members agree with the majority view but for different reasons
  6. Courts of Appeals: federal courts that hear appeals from district courts; no trials
  7. Dissenting Opinion: a signed opinion in which one or more justices disagree with the majority view.
  8. Constitutional Courts: A federal court authorized by Article III of the constitution that keeps judges in office during good behaviour and prevenst their salaries from being reduced. Supreme courts, appellate and district courts are all examples.
  9.  District Courts: The lowest federal courts; federal trials can be held only here.
  10. Judicial Review: the power of courts to declare laws unconstitutional.
  11.  Litmus Test: An examination of the political idealogy of a nominated judge.
  12. Writ of certiorari: an order by a higher court drecting a lower court to send up a case for review.
  13. Marbury v. Madison: upheld judicial review of congressional acts.
  14. Writ of mandamus: an extraordinary writ commanding an official to perform a ministerial act taht the law recognizes as an absolute duty and not a matter for the official's discretion
  15. Senatorial courtesy: The president nominates a "qualified" person to be a judge, and the senate approves or rejects the nomination based on those qualifications.
  16. Adversarial System: the tendency of the national media tobe suspicious of officials and eager to reveal unflattering stories about them.
  17. Political Question: an issue the Supreme Court will allow the executive and legislative branches decided.
  18. Judicial Activism: The steps that a federal courts takes toward correcting injustices.
  19. Judicial Restraint: the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.
  20. Plaintiff: the party that initiates a lawsuit.
  21. Stare desisis: "let the decision stand", or allowing prior rulings to control the current case.
  22. Remedy: a judicial order enforcing a right or redressing a wrong.

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