Chapter 16 Flashcards
Activist Approach
an approach to judicial review which holds that judges should discover the general principles underlying the Constitution and its often vague language, amplify those principles on the basis of some moral or economic philosophy and apply them to cases
In Forma Pauperis
a request to have a court waive filing fees in a civil action because the plaintiff is poor
Judicial Restraint
a judicial philosophy in which judges play minimal policymaking roles, leaving the duty strictly to the legislation
Judicial Review
the right of federal courts to declare laws of Congress and acts yhe executive branch void and unenforceable if they are judged to be in conflict with the constitution
Litmus Test
a test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts
Per Curiam Opinion
a brief and unsigned opinion by the Supreme Court
Plaintiff
party that intitiates a suit in law
political question
an issue that the court refuses to consider because it believes the Constitution has left it entirely to another branch to decide
Remedy
a judicial order setting forth what must be done to correct a situation a judge believes to be wrong
Senatorial Courtesy
the tradition bu which the senate will not confirm a district court judge if the senator who is from that state and of the presidents party objects
Solicitor General
the third ranking officer in the justice department who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court
Sovereign Immunity
a legal concept that forbids a person from suing the government without its consent Congress has given its consent for the government to be sued in many cases involving disputes over contracts or damage done as a result of negligence
standing
a legal concept that refers to who is entitled to bring a case
Rules Govern Standing
1- there must be an actual controversy between real adversaries
2- the person bringing suit must show that he or she has been harmed by the law or practice involved in the complaint
3- being a taxpayer does not entitle a person to challenge the constitutional of a government action
State Decisis
an informal rule of judicial decision making in which jugdes try to follow precedent in deciding cases That is a court case today should br settled in accordance with prior decisions on similar cases
Writ of Certiorari
a legal document issued by the Supreme Court to request the court transcripts of a case
Constitution Court
a fed court authorized by Article III of the Constitution that keeps judges in office during good behavior and precedents their salaries from being reduced
Criminal Law
the gov changes an individual who violated specific laws
Diversity Case
jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states
Dred Scott v Sandford
ruled that people of African descent imported into the United States and held as slaves or their descendants, whether or not they were slaves, were not legal persons and could never be citizens of the United States and the U S Congress had no authority to prohibit slavery in federal territories
Fee Shifting
rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
Friday Conference
the meeting at which the justices vote on cases that they have recently heard
Gang of Fourteen
agreed to block filibusters unless there were “extraordinary circumstances”
Civil Law
rules defining relationships among private citizens
Class Action Suit
a means by which one who has been injured can bring action on behalf of all similarly situated
Concurring Opinion
a signed opinion in which one or more members agree with the majority view but for different reasons
Appellate Jurisdiction
jurisdiction of courts that hear cases brought to them on appeal from lower courts These courts do not review the factual record, only the legal issues involved
Bloc Voting
a pattern of voting behavior of two or more justices
Amicus curiae
a means by which one who has an interest in a case but is not directly involved can present arguments in favor of one sude
In Federalist 78, Alexander Hamilton described the judicial branch as the ___________ branch
least dangerous
Seventy years ago judicial activists tended to be
conservatives
What did the decision in McCulloch v Maryland establish?
Judicial Review
The text suggests “judicial activism” was born in the
1890s
From 1937 to 1974 the supreme court did not declare a single federal law dealing with __________ unconstitutional
regulations of business
FDRs court packing bill is an example of a presidential action designed to
influence the way in which courts decide cases
recent controversy regarding judicial appointments the “nuclear option” focused on
revising senate rules to block filibusters
conflict surrounding some supreme court nominations can only be explained by the fact that
court plays such a large role in making public policy
restraint orriented judges differ from activist judges in that they are more likely
apply rules that are clearly stated in the constitution
who was defiant of the supreme court rulings and taunted the chief justice to enforce its decisions?
President Andrew Jackson
Roger B taney was deliberately chosen for the Supreme Court because he
favored a strong national government
from the civil war to the beginning of the new deal, the issue that the Supreme Court faced
government regulation of the economy
owen roberts change of view was clear concession to
public opinion
dramatic change in the 90s court struck down a stature that ______ did not affect interstate commerce
carrying a gun
the court of military appeals is an example of a
legislative court
when politicians complain about litmus tests in judicial nominations they are probably
not part of the group that is currently in power
if you wish to declare bankruptcy you must do so in
a federal district court
Certiorari is a latin word meaning, roughly,
“made more certain”
cert is issued and a case is scheduled for a hearing if _______ justices agree to hear it
4
means by which one who has interest in a case but is not directly involved can present arguments
amicus curiae
1868, case of mississippi newspaper editor was extraordinary because
congress took courts power to consider case during appeal
