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Chapter 13

The Courts and the Judicial Branch

AB
jurisdictionthe right to interpret and apply the law; a court's range of authority
exclusive jurisdictionthe authority of the federal courts alone to hear and rule in certain cases
concurrent jurisdictionthe authority to hear cases shared by federal and state courts
original jurisdictionthe court's authority to hear and decide the case for the first time
appellate juristictionthe court's authority to hear cases on appeal
civil lawthe type of law dealing with the rights and relationships of private citizens
plaintiffa person who files suit in a civil case
defendentone against whom a legal charge has been made
criminal lawthe type of law dealing with crimes and providing for their punishment
judicial reviewthe power of the courts to establish the constitutionality of national, state, or local acts of government
strict consturctionistthe view that judges ought to base their decisions on a narrow interpretation of the language of the Constitution
loose constructionistthe view that judges have considerable freedom in intrerpreting the Constitution
constitutional lawthey type of law relating to the interpretation of the Constitution
writ of mandamusa court order that commands a government official to take a particular action
constitutional courta federal court with constitutionally based powers and whose judges serve for life. The most important are the Supreme Court, the court of appeals, and that district courts
legislative courta specialized court established to hear cases about and execute legislative powers of Congress
grand jurya group of people who evaluate whether there is enough evidence against a person to order him or her to stand trial
petit jurya jury that decides an individual's innicence or guilt; a trial jury
senatorial courtesythe practice in which a presidential nomination is submitted intially for approval to the senators from the nominee's state.
writ of certiorariliterally, "made more certain"; an order from a higher court requiring a lower court to send the record of a case for review
majority opinionth view of the Supreme Court justices who agree with a particular ruling
dissenting opiniona Supreme Court opinion by one or more justices in the minority who oppose the ruling
concurring opiniona Supreme Court opinion by one or more justices who agree with the majority's conclusion but wish to offer differing reasons
precedenta judicial decision that is used as a standard in later similiar cases
stare decisisliterally, "let the decisions stand"; the practice of basing legal decisions on established Supreme Court precendents from similiar cases
judicail activismthe belief that Supreme Court justices should actively make policy and sometimes redefine the Constitution
judicial restraintthe belife that Supreme Court justices should not actively try to shape social and political issues or redefine the Constitution

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