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AP GOPO > Chapter 16 Judiciary > Flashcards

Chapter 16 Judiciary Flashcards

1
Q

judicial restraint approach

A

the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

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2
Q

activist approach

A

the view that judges should discern the general principles underlying laws of the const. & apply them to modern circumstances

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3
Q

constitutional court

A

a federal court authorized by article 3 that keeps judges in office during good behavior and prevents their salaries from being reduced. they are the supreme, appelate & district courts created by Congress

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4
Q

district courts

A

the lowest federal courts; federal trials can be held only here

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5
Q

courts of appeal

A

federal courts that hear appeals from district courts; no trials

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6
Q

legislative courts

A

courts created by congress for specialized purposes whose judges do not enjoy protections of article 3

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7
Q

litmus test

A

an examination of the political idology of a nominated judge

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8
Q

federal-question cases

A

cases concerning the constitution, federal laws or treaties

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9
Q

diversity cases

A

cases involving citizens of different states who can bring suit in federal courts

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10
Q

writ of certiorari

A

an order by a higher court directing a lower court to send up a case for review

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11
Q

in forma pauperis

A

a menthod whereby a poor person can have his case heard in federal court without charge

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12
Q

fee shifting

A

a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

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13
Q

plantiff

A

the party that initiates a lawsuit

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14
Q

standing

A

a legal rule stating who is authorized to start a lawsuit

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15
Q

class-action suit

A

a case brought by someone to help him or her and all others who are similarly situated

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16
Q

brief

A

a written statement by an attorney that summarizes a case and the laws and ruling that support it

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17
Q

amicus curiae

A

a brief submitted by a “friend of the court”

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18
Q

per curiam opinion

A

a brief, unsigned court opinion

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19
Q

opinion of the court

A

a signed opinion of a majority of the Supreme Court

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20
Q

concurring opinion

A

a signed opinion in which one or more members agree with the majority view but for different reasons

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21
Q

dissenting opinion

A

a signed opinion in which one or more justices disagree with the majority view

22
Q

stare decisis

A

“let the decision stand” or allowing prior rulings to control the current case

23
Q

political question

A

an issue the supreme court will allow the executive and legislative branches decide

24
Q

remedy

A

a judicial order enforcing a right or redressing a wrong

25
Q

Judiciary Act of 1789

A

established the federal court system by dividing the country into federal judicial districts, creating district courts & courts of appeal(circuit courts), 3 tear system. 6 JUSTICES

26
Q

Judiciary Act of 1869

A

set number of justices at 9, relieved circuit riding burden, created new circuit judgeships

27
Q

Judiciary Act of 1891

A

no more circuit riding, “created” court of appeals, greatly reduced SCOTUS workload

28
Q

Judiciary Act of 1925

A

gave SCOTUS discretion when granting “cert”, “rule of 4”:all it takes is 4/9 to hear a case

29
Q

precedent

A

a ruling that sets guidelines for future similar cases

30
Q

original jurisdiction

A

first time a case is heard, establishes facts of case/determines innocence or guilt

31
Q

appellate jurisdiction

A

higher court that reviews trial court decisions, does NOT retry case, only determines it

32
Q

State Supreme Court

A

deal with state laws; 3 levels: trial, appellate, state supreme(final appeal). cases may be appealed to the SCOTUS if a federal or constitutional issue is involved

33
Q

Federal court

A

has original jurisdiction over federal issues; 3 levels: trial, appellate & supreme

34
Q

district court

A

94 across the country (CA has 4); original jurisdicition over federal cases; territory courts also have original jurisdiction over local cases

35
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. (distict level)

36
Q

appellate jurisdiction

A

The 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.

37
Q

majority opinion

A

a statement that presents the views of the majority of Supreme Court justices regarding a case. “winning” decision, sets precedent

38
Q

solicitor general

A

4th ranking justice dept.official. “tenth justice” supervises & conducts govt litigation in the SCOTUS, determines the legal position that the US will take in the SCOTUS. files amicus curiae briefs in cases in which the fed govt has a significant interest, determines which cases the govt will appeal

39
Q

judicial activism

A

the tendency of judges to interpret the Const according to their only views, actively involved in strong belief in judicial review

40
Q

judicial restraint

A

legislative and exectuive branches set policy and only get involved if that policy is a flagrant violation of the const.

41
Q

writ of Mandamus

A

written order from a court to a governmant official , demading the performance of some public duty

42
Q

writ of Injunction

A

court orders that forbid a particular action

43
Q

writ of habeus corpus

A

a court order that requires police to bring a prisoner to court to explain why they are holding the person

44
Q

trial court

A

the first court to hear a criminal or civil case

45
Q

civil law

A

A law that governs relationships between individuals and defines their legal rights.

46
Q

criminal law

A

the body of law dealing with crimes and their punishment

47
Q

bloc voting

A

A pattern of voting behavior of two or more justices. liberal bloc & cons. bloc..no longer reflects makeup of framers

48
Q

swing vote

A

a vote that decides the result of an election - kennedy now

49
Q

Superior Court

A

The principal trial court of the state; a court of unlimited monetary and subject matter jurisdiction, and an appeal court for decisions of municipal courts and small claims courts.

50
Q

De novo

A

anew; from the beginning; the case is tried in the appellate court as if it had not been tried previously and witnesses are allowed to testify

51
Q

judicial review

A

the power of courts to declare laws unconstitutional

AP GOPO (10 decks)

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