Exam (elaborations) JRN 430

JRN 430 answers Judicial ReviewThe power of the courts to declare laws unconstitutional JurisdictionThe authority of a court to hear a case. 2 types - Geographical - Topical precedentA decision made by a higher court that serves as a basis for deciding similar cases Common LawA legal system based on precedents, established by the courts Unwritten Civil LawA legal system based on a written code of laws Four Principle of Law1.) Individuals and entities are accountable under the law 2.) The laws are clear, stable, and just, applied fairly, and protect fundamental rights. 3.) The process by which law is enacted and enforced is accessible and fair 4.) Justice is delivered in a fair and timely manner. Vague Lawa law that is so unclear that you cannot tell what is being prohibited and what is being allowed Discretion]the authority to determine the proper outcome stare decisisLet the decision stand; decisions are based on precedents from previous cases original jurisdictionThe jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. writ of certiorariAn order by a higher court directing a lower court to send up a case for review textualistthis is an approach to constitutional interpretation that says the constitution's words should be takes at face value without trying to figure out the drafters intentions originalistsSupreme Court justices who interpret the Constitution according to the perceived intent of its framers equity lawLaw created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm. Grand juryA group of citizens that decides whether there is sufficient evidence to accuse someone of a crime. only in criminal Cases Appellate courtreviews decisions of lower courts to determine if a significant error of law was made during trial Supreme CourtConsists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes Circuit CourtsIntermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction. Plaintiffa person who brings a case against another in a court of law. DefendantIn a criminal action, the person or party accused of an offense. Tortprivate or civil wrong for which the law grants a remedy supoenacourt order for a person or documents to appear in court content neutral lawsLaws that regulate the time, manner, and place, but not the content, of speech (intermediate scrutiny) Content Base Lawslaw based (strict scrutiny) Defamationact of sharing false info about a person damaging their reputation. spoken = slander or written libel