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Ch. 13 Vocab. Gov.
Term | Definition |
---|---|
Judicial review | Power of the U.S. Supreme Court and federal judiciary to declare laws of congress and the states and actions of the president unconstitutional and therefore legally invalid |
statutory laws | Laws made by act of congress or the state legislatures, as opposed to constitutional law |
judicial self-restraint | The belief that the Supreme Courts should avoid taking the initiative on social and political questions, operating strictly within the limits of the Constitution and upholding acts of Congress unless the acts clearly violate specfic provisions of the Cons |
judicial activism | The brief that the Supreme Courts should play an active role in determining national policies by applying the Constitution to social and political questions, especially where constitutional rights have been violated or unacceptable conditions exist |
stare decisis | Judicial precept that the issue has already been decided in earlier cases and the earlier decision need only be applied in the specific cases before the bench:the rule in most cases |
precedent | Standards or guides to be followed in deciding similar cases in the future |
jurisdiction | Authority of the courts to hear certain cases |
original jurisdiction | The authority to hear cases for the first time; in the federal system possessed by district courts and the Supreme Court in a limited number of cases |
appellate jurisdiction | Particular court's power to review a decision or action of a lower court |
appeal | In general, requests that a higher court review cases decided at a lower level. In the Supreme Court, certain cases are designated as appeals under federal law: formally, these must be heard by the court. |
district courts | Constitutional courts that serves as the lowest court in the federal system; they hear trials and have original jurisdiction |
civil cases | noncriminal court proceedings in which a plaintiff sues a defendant for damages in payment for harm afflicted |
standing | Requirement that the party who files a law suit have a legal stake in the outcome |
plaintiff | Individual or party who initiates a law suit or copmplaint |
defendant | Party against whom, a criminal or civil suit in brought |
litmus test | In political terms, a person's stand on a key issue that determines whether he or she will be appointed to public office or cupported in electoral campaigns |
senatorial courtesy | The practice of allowing individual senators who represent the state where the district is located to approve or disapprove potential nominees |
writ of certiorari | An order by the Supreme Court directing a lower court to send up the records of a case for review; usually requires the need to interpret law or decide a constitutional question |
rule of four | Four of the nine supreme Court justices must agree to hear a case |