Judicial Flashcards
What is Judicial Restraint?
The view that judges should decide cases strictly on the basis of the language of laws and the Constitution.
What is Judicial Activism?
The view that judges should apply the principles and provisions of the Constitution to modern circumstances.
What are Constitutional Courts?
Federal courts authorized by Article III of the Constitution that keeps judges in office for life during good behavior.
What are District Courts?
The lowest federal courts that have original jurisdiction over most federal cases.
What are Courts of Appeals?
Federal courts that hear appeals from district courts. They review each case for possible errors.
What is the Supreme Court?
The highest court in the United States, made up of nine justices.
What are Legislative Courts?
Courts created by Congress for specialized purposes, such as the U.S. Tax Court.
What is a Litmus Test?
A consideration of the political ideology of a nominated judge.
What is Judicial Review?
The power of the courts to declare laws unconstitutional.
What is a Writ of Certiorari?
An order by a higher court directing a lower court to send up a case for review.
What is Marbury v. Madison?
Landmark Supreme Court case that established the court’s power of judicial review.
What is a Plaintiff?
The party that initiates a lawsuit.
What is Standing?
A legal rule stating who is authorized to start a lawsuit.
What is Precedent?
The principle set by the court in one case that will be used as the basis for deciding future cases.
What is a Class-action Suit?
A case brought by an individual that will impact that person and all others similarly situated.
What is Original Jurisdiction?
The authority of a court to hear a case first.
What is Appellate Jurisdiction?
The authority of a court to hear a case brought to them on appeal from a lower court.
What is a Brief?
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
What is an Amicus Curiae Brief?
A brief submitted by a “friend of the court” to provide the court with additional information on a case.
What is the Opinion of the Court/Majority Opinion?
The judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the court’s decision.
What is a Concurring Opinion?
A signed opinion in which one or more members agree with the majority view, but for different reasons.
What is a Dissenting Opinion?
A signed opinion that features the perspective of those justices who disagreed with the majority opinion.
What is Stare Decisis?
“Let the decision stand” or allowing prior rulings to determine the court’s stand on a current case.
What is Senatorial Courtesy?
Unwritten custom that the Senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve.
What is the Rule of Four?
In order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard.
What is an Amendment?
A new addition to the Constitution that has been proposed by Congress and ratified by the states.
