Federal Judiciary Flashcards

1
Q

Legitimacy

A

Reputation for unbiased decision making

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2
Q

Judicial Review

A

authority of judiciary to decide if a law or other gov action is constitutional

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3
Q

Marbury v. Madison

A

Supreme Court made it evident that it had the power of judicial review

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4
Q

Federal Court Supremacy

A

federal courts authority to overturn state court decisions and state laws/actions

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5
Q

Standing

A

capacity to bring a case to court; must show you were harmed by law/act

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6
Q

Constitutional Interpretation

A

role of judiciary branch to interpret constitution

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7
Q

Precedent

A

a legal case that establishes a principle or rule

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8
Q

Stare decisis

A

to stand by things that have been settled

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9
Q

Writ of certiorari

A

supreme court will hear case, granted if 4 of 9 agree to hear it

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10
Q

Amicus brief

A

a document in support of one side in a supreme court case

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11
Q

Attitudinal Model

A

decision are determined by policy goals and agendas of judges

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12
Q

Strategic Rational Choice Model

A

decisions are determined by policy goals of judges and the constraints that stand in the way of achieving these goals

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13
Q

Concurring Opinion

A

a reason why the writer of the opinion is in the majority separate from the majority opinion

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14
Q

Canon of interpretation

A

the process by which courts interpret and apply legislation either strict or living views

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15
Q

Strict constructivist

A

uses intentions of those WRITING the laws/constitution for interpretive guide

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16
Q

Living Constitution

A

claim that the Constitution has a dynamic meaning or yes it has the properties of an animate being in the sense that it changes.

17
Q

Federal appeals courts

A

decides appeals from state courts on a federal level

18
Q

D.C Circuit Court

A

hear disputes involving agencies

19
Q

Solicitor General

A

represents federal gov before the supreme court

20
Q

“Least Dangerous Branch”

A

Court is no threat to liberty since it has no enforcement powers and is weakened by lack of ties to the public

21
Q

Court’s as “Hollow Hope”

A

too weak to lead U.S. where public isn’t ready to go thus courts follow public opinion don’t lead