Judicial Branch Vocab Flashcards

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1
Q

Judicial Restraint

A

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

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2
Q

Judicial Activism

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 III of the Constitution that
keeps judges in office for life 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

Courts of Appeals

A

Federal courts that hear appeals from district courts. They review each case for possible errors.

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6
Q

Supreme Court

A

The highest court in the United States, made up 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

The power of the courts to declare laws unconstitutional.

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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

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

The party that initiates a lawsuit.

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13
Q

Standing

A

A legal rule stating who is authorized to start a lawsuit.

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14
Q

Precedent

A

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

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15
Q

Class-action suit

A

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

The 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 laws and rulings that support it.

19
Q

Amicus curiae brief

A

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 court’s 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.