Executive, legislative, and this part of our federal government, including criminal and civil courts. It helps interpret the United States Constitution
What is the (judicial) branch
100
Statement of legal reasoning behind a judicial decision - context may be as important as the decision itself
What is an opinion
100
1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
What is US v. Nixon
100
The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants; rights.
What is the BIll of Rights
100
A court to which appeals are made by litigants seeking review of a decision made in a federal district court.
What is the Court of Appeals
200
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground - advocates emphasize that courts can correct pressing needs, especially those unmet by majoritarian political processes
What is (judicial) activism
200
How similar cases have been decided in the past. Serves as a guideline for how the current case will proceed
What is a precedent
200
1803 case in which John Marshall asserted right of the Supreme Court to determine the meaning of the US Constitution - decision established the Court's power of judicial review over acts of Congress, in this case, the Judiciary Act of 1789
What is Marbury v. Madison
200
A written authorization from a court specifying the area to be searched and what the police are searching for. Required by the 4th Amendment
What is a search warrant
200
91 federal courts of original jurisdiction - only federal courts in which trials are held and jury are impaneled
What are District Courts
300
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground - advocates emphasize that courts can correct pressing needs, especially those unmet by majoritarian political processes
What is (judicial) implementation
300
A requirement that to be heard in a case must be capable of being settled as a matter of law rather than on other grounds
Justiciable Disputes
300
A view that the Constitution should be interpreted according to the Framers' ideas - conservatives, including the late Justice Scalia supported this
What is original intent
300
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
What is the 5th Amendment
300
Jurisdiction of courts that hear cases brought to them on appeal from lower courts - These courts review the legal issues involved, not the factual record
What is appellate jurisdiction
400
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
What is (judicial) restraint
400
When a person or group who is not a party to a lawsuit, but has a strong interest in the matter, submits a brief in the action with the intent of influencing the court's decision
What is an amicus curiae brief
400
"Oyez! Oyez! Oyez! ...God save the United States and this honorable court." Is shouted at the entry procession for the justices of this court.
What is the Supreme Court
400
The eighth amendment protects against this four letter phrase, never defined in the Constitution.
What is cruel and unusual punishment
400
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.
What is stare decisis
500
The power of the Supreme Court to declare acts of the legislature and of the executive unconstitutional and therefore null and void
What is (judicial) review
500
A presidential appointee and the 3rd ranking office in the Dept. of Justice - in charge of appellate court litigation of the federal government
What is the Solicitor General
500
The judicial interpretation of an act of Congress - In some cases where it is an issue, Congress passes new legislation to clarify existing laws
What is Statutory Construction
500
A First Amendment provision that prohibits government from interfering with the practice of religion. Think churches, not gyms.
What is the free exercise clause.
500
Jurisdiction from the first courts to hear a case, usually in trial - these courts determine the facts of a case