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| judicial activism |
DEF: The idea that the Supreme Court should assert its interpretation of the law even if it overrules the elected executive and legislative branches of government.
EX:
SIG: Interpreting the laws in the best interest of the nation, but sometimes causing conflict with the other branches. |
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aaadd Thu, 28 Jan 2010 00:47:20 GMT |
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| judicial restraint |
DEF: The idea that the Supreme Court should defer to the democratically elected executive and legislative branches of government rather than contradicting existing laws.
EX: Doing what the other branches want.
SIG: Helps the judicial branch coincide well with the other branches. |
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aaadd Thu, 28 Jan 2010 00:47:20 GMT |
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| strict construction |
DEF: A way of interpreting the Constitution based on its language.
EX: "Congress shall make no law abridging the freedom of speech" mean no law ever.
SIG: Some people take the Constitution very literally and feel that the founders knew exactly what they wanted. |
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aaadd Thu, 28 Jan 2010 00:32:20 GMT |
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| oral arguments |
DEF: Spoken presentations made in person by the lawyers of each party to a judge or appellate court outlining the legal reasons why their side should prevail.
EX:
SIG: Allows the lawyers to directly speak to the judges and make their final speeches. |
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aaadd Thu, 28 Jan 2010 00:32:20 GMT |
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| briefs |
DEF: Written documents prepared by both parties in a case, and sometimes by outside groups, presenting their arguments in court.
EX:
SIG: Clearly states in writing what the problem in the case is for the judges to review. |
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aaadd Thu, 28 Jan 2010 00:32:20 GMT |
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| original jurisdiction |
DEF: The authority of a court to handle a case first.
EX: The Supreme Court's authority to initially hear disputes between two states.
SIG: Specifies which courts have the authority to first hear a new case. |
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aaadd Thu, 28 Jan 2010 00:32:20 GMT |
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| jurisdiction |
DEF: The sphere of a court's legal authority to hear and decide cases.
EX: Appellate jurisdiction
SIG: Declares what cases are allowed to be heard by which courts. |
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aaadd Wed, 27 Jan 2010 20:07:34 GMT |
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| precedent |
DEF: A legal norm established in court cases that is then applied to future cases dealing with the same legal questions.
EX: Once Marbury v. Madison established judicial review, it stuck.
SIG: Serves as a guide for future decisions on the same topic. Important to help make decisions or reverse a decision. |
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aaadd Wed, 27 Jan 2010 20:05:13 GMT |
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| judicial review |
DEF: The Supreme Court's power to strike down a law or executive branch action that is finds unconstitutional.
EX: If Congress passes a new law that causes a problem that is brought to the Supreme Court, then the Court can declare it going against the Constitution if it is.
SIG: Supreme Court was weakest branch until given this power in Marbury v. Madison and now provides a way to check Congressional powers. |
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aaadd Wed, 27 Jan 2010 20:05:13 GMT |
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| district courts |
DEF: Lower level trial courts of the federal judicial system that handle most US federal cases.
EX: The Judiciary Act of 1789 established thirteen district courts.
SIG: Set up up to handle most cases and hears cases first and have little authority compared to Supreme Court. |
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aaadd Wed, 27 Jan 2010 20:05:13 GMT |
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| Judiciary Act of 1789 |
DEF: The law in which Congress laid out the organization of the federal judiciary.
EX:
SIG: Refined and clarified federal court jurisdiction and set the original number of justices at six. It also created the Office of the Attorney General and established the lower federal courts. |
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aaadd Wed, 27 Jan 2010 20:05:13 GMT |
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