Ch.11 Assignment - Define the following terms. 1. 2....

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Define the following terms. 1. judicial review The power to declare government acts invalid because they violate the Constitution established by Marbury v. Madison and extended by subsequent cases to cover presidential acts as well. 2. criminal case A court case involving a crime, or violation of public order or a law that forbids or commands an activity. Criminal cases are primarily prosecuted by state and local government. Only a small fraction are prosecuted by the national government. Most criminal cases never go to trial and the defendant’s lawyer and the prosecutor instead resolved through plea-bargain. 3. civil case A court case that involves a private dispute arising form such matters as accidents, contractual obligations, and divorce. Often parties disagree over tangible issues but civil cases can involve more abstract issues. The government can be a party to civil disputes. Most civil cases do not go to trial but are settled by the parties or resolved with adjudication. 4. common (judge-made) law Legal precedents derived from previous judicial decisions. With the application of statutes enacted by legislatures, common law is one of the two different ways judges make policy. The roots of common law lie in the English legal system and its domain includes contracts, property and torts. 5. U.S. district court A court within the lowest tier of the three-tiered federal court system; the trial court in which litigation begins. 6. U.S. court of appeals A court within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review. 7. precedent A judicial ruling that serves as the basis for the ruling in a subsequent case. Precedent gives the appellate opinion influence well beyond the immediate case. 8. stare decisis Literally, “let the decision stand”; decision making according to precedent – a central operation of the United States legal system. 9. original jurisdiction The authority of a court to hear a case before any other court. Article III, Section 2 of the Constitution gives the Court original jurisdiction over “all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party.” 10. appellate jurisdiction The authority of a court to hear cases that have been tried, decided, or reexamined in other courts. 11. federal question An issue covered by the U.S. Constitution, national laws, or U.S. treaties. A case must raise a federal question in order to be heard by the Supreme Court. 12. docket A court’s agenda. Of the over seven hundred requests filed each year, the Court selects fewer than one hundred to add to its docket. The Court will grant a review only when four or more justices agree that a case warrants full consideration. Also, the solicitor general has significant influence in having cases added to the docket. 13.
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This note was uploaded on 07/24/2010 for the course PS 001 taught by Professor Graham during the Summer '08 term at Los Angeles Southwest College.

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Ch.11 Assignment - Define the following terms. 1. 2....

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