Chapter 14 Flashcards

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1
Q

Judicial Review

A

The power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void.

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2
Q

Strict Constructionist

A

the view that judges should decide cases on the basis of the language of the constitution

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3
Q

Judicial Activist

A

the philosophy that the supreme court should play an active role in shaping national policies by addressing social and political issues

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4
Q

District Court

A

the lowest federal courts where federal cases begin

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5
Q

Courts of Appeals

A

The federal courts with authority to review decisions by federal district courts, regulator commissions, and certain other federal courts.

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6
Q

Legislative Courts

A

a court that is created by congress for some specialized purpose and staffed with judges who do not enjoy the protection of Article III of the constitution

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7
Q

Senatorial Courtesy

A

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

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8
Q

Blue Slips

A

Piece of paper on which the senator is asked to record his or her views on the nominee for judge.

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9
Q

Litmus Test

A

an examination of the political ideology of a nominated judge

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10
Q

Dual Court Systems

A

Federal and State Courts

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11
Q

Civil law

A

law concerned with private wrongs against individuals

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12
Q

Criminal Law

A

law concerned with public wrongs against society

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13
Q

Writ of Certiorari

A

a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case

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14
Q

Class Action Suit

A

Lawsuit brought by an individual or a group of people on behalf of all those similarly situated

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15
Q

Briefs

A

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

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16
Q

Amicus Curiae

A

an adviser to the court on some matter of law who is not a party to the case

17
Q

Per Curiam opinion

A

a brief, unsigned court opinion

18
Q

Opinion of the Court

A

An explanation of the decision of the Supreme Court or any other appellate court.

19
Q

Dissenting opinion

A

an opinion that disagrees with the court’s disposition of the case

20
Q

Stare Decisis

A

Let the decision stand; decisions are based on precedents from previous cases

21
Q

Appellate Jurisdiction

A

The authority of a court to review decisions made by lower courts

22
Q

Concurrent Jurisdiction

A

authority for both state and federal courts to hear and decide cases

23
Q

Original Jurisdiction

A

the authority to hear cases for the first time