Key Terms
JUDICIAL REVIEW
Any federal court can hold any act of the president or Congress to be unconstitutional.
PARDON
An executive order vacating a criminal sentence for a crime.
JUDICIAL REVIEW DEFINED
The power of the Supreme Court to determine the final validity of laws and the meaning of the Constitution.
FEDERALISM DEFINED
The division of authority between a central federal government and state governments.
EXAMPLE
A citizen of New Jersey can sue a citizen of New York in federal court over a contract dispute. If both were citizens of
JURISDICTION DEFINED
The authority of a court to hear a particular type of case.
TORTS DEFINED
Any civil wrong other than a breach of contract; includes situations where people or businesses suffer legal injury.
PURPOSE
Allows a party who fears a "home court advantage" disadvantage to seek a neutral federal forum.
TRIAL COURT DEFINED
The first level of court; accepts evidence and testimony to determine what happened in a case.
APPELLATE COURT DEFINED
Reviews trial court decisions — without holding a new trial — to determine whether the parties received a fair trial and
SPECIAL RULE
If a state case involves a federal constitutional right, a party that loses at the state supreme court level can appeal
WHY THIS MATTERS (litigation strategy)
Federal judges may be more likely to take politically unpopular actions than elected state judges. This is a real-world