judicial branch vocab Flashcards

1
Q

judicial restraint

A

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

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2
Q

judicial activisim

A

the view that judges should apply the principles and provisions of the Constitution to modern circumstances

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3
Q

Constitutional courts

A

federal courts authorized by article 111 of the constitution that keeps judges in office for lie during good behavior

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4
Q

district courts

A

the lowest federal courts that have original jurisdiction over most federal cases

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5
Q

court of appeals

A

federal courts that hear appeals from district courts. Review each case for possible errors

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6
Q

supreme court

A

the highest court in the U.S, made of nine justices

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7
Q

legislative courts

A

courts created by Congress for specialized purposes, such as the U.S tax court

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8
Q

Litmus test

A

a consideration of the political ideology of a nominated judge

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9
Q

judicial review

A

power of the courts to declare laws unconstitutional

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10
Q

write 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

Marbury v madison

A

landmark supreme court case that established the court’s power of judicial review

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12
Q

plaintiff

A

party that initiates a lawsuit

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13
Q

standing

A

legal rule stating who is authorized to start a new lawsuit

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14
Q

precedent

A

principle set by the court in one case that will be used as a the basis for deciding future cases

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15
Q

class-action suit

A

case brought by an individual that will impact that person and all others similarly situated

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16
Q

original jurisdiction

A

the authority of a court to hear a case first

17
Q

appellate jurisdiction

A

authority of a court to hear a case brought to them on appeal from a lower court

18
Q

brief

A

a written statement by an attorney that summarizes a case and the law and rulings that support it

19
Q

amicus curiae brief-

A

brief submitted by a “friend of the court” to provide the court with additional information on a case

20
Q

opinion of the court/ majority opinion

A

the judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the courts decision

21
Q

concurring opinion

A

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

22
Q

dissenting opinion

A

a signed opinion that features the perspective of those justices who disagreed with the majority opinion

23
Q

stare decisis-

A

“let the decision stand” or allowing prior rulings to determine the court’s stand on a current case

24
Q

senatorial courtesy-

A

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

25
Q

rule of four

A

in order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard

26
Q

amendment

A

a new addition to the Constitution that has been proposed by Congress and ratified by the states