Wednesday, April 27, 2011

The Judiciary Chpt. 16

1. The dual court system refers to the separate Federal and State court systems in the United States. Federal courts hear criminal and civil cases that involve constitutional and federal law, while State courts hear criminal and civil cases that involve state laws and state constitutional issues.

2. A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. The Supreme Court is likely to grant cert when there is a splitting among the Circuit courts.

3. Judicial review is review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court.

4. The first is the living Constitution approach which is rooted in the belief that the Constitution has to keep up with the times that the text must be interpreted in light of society’s changing values.

6. District court is a category of courts which exists in several nations. 
-courts of appeals is a court whose jurisdiction is to review decisions of lower courts or agencies.
-Senatorial courtesy is the custom in the advice and consent process when the Senator from a nominee's     
 county must approve the nominee before the nomination will be considered by the Senate.
-blue slips two different legislative procedures in the united states congress.
-litmus tests a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would choose to proceed with the appointment or nomination.

7. Rules include creation and organization of the committee, functions of the committee, conflicts of interests, unfair election practices, ethics advisory committee, recommendation for revision, and immunity.

8. A class action suit is a lawsuit brought by a representative member of a large group of people on behalf of all members of the group.

9. Brief is an attorney's legal argument in written form for submission to a court.
-amicus curiae is an adviser to the court on some matter of law who is not a party to the case.
-solicitor general is a law officer appointed to assist an attorney general
-per curiam opinion is is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court.
-concurring opinion is an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning.
-dissenting opinion is an opinion that disagrees with the court's disposition of the case.

13. The checks on judicial power are  judicial review and judicial interpretation. Judicial review is the power to review congressional laws to determine if they violate the Constitution. Judicial interpretation is the power to decide what congressional laws mean and how they apply in specific cases.

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