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The Judiciary

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Amicus curiae"friend of the court"; briefs that may be sent to support the position of one side or the other.
Cases of equitydeals with contract issues and tort cases such as negligence and slander and defines the legal rights of individuals.
Common lawbased on the legal concept of stare decisis, or judicial precedent.
Constitutional courtscourts that were formed to carry out the direction in the Constitution so that the Courts would exercise their judicial power.
Criminal lawcases that derive from criminal laws passed by the federal and state governments
Fletcher v Peck (1810)decision that established the precedent that the Supreme Court could rule a state law unconstitutional.
Gibbon v Ogden (1824)case established the principle that Congress has sole authority over interstate commerce.
Judicial activisma philosophy of judicial review that results in decisions that overturn precedent.
Judicial restrainta court that maintains the status quo or mirrors what the other branches of government have established as current policy.
Judiciary committeekey Senate committee that is responsible for recommending presidential judicial appointments to the full Senate for approval.
Marshall CourtJohn Marshall's time as Chief Justice that resulted in the landmark decisions of Marbury v Madison, McCulloch v Maryland, and Gibbons v Ogden. These cases shifted power to the judiciary and federal government.
McCulloch v Maryland (1819)case that established the principle that the federal government was supreme over the state.
Original jurisdictioncases heard by the Supreme Court that do not come on appeal and that "a ffect ambassadors, other public ministers and consuls, and those in which a State shall be a party.
Public lawincludes constitutional law (cases involving constitutional issues), and administrative law (cases involving disputes over the jurisdiction of public or administrative agencies).
Special courtscourts created by Congress to deal with cases deriving from the delegated powers of Congress such as military appeals, tax appeals, and veteran appeals.
Stare decisisLatin for judicial precedent, this concept originated in England in the twelfth century when judges settled disputes based on custom and tradition.
Writ of certiorariLatin for "to be made more certain," the process in which the Supreme Court accepts written briefs on appeal based on the "rule of four" justices voting to hear the case.


Social Studies Teacher
Lincoln Charter School
Linconton, NC

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