Judicial Branch Vocab Flashcards

1
Q

Judicial Restraint

A

The judicial practice that encourages judges to not add their own biases during legal proceedings and rulings and using explicitly the language from the constitution.

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2
Q

Judicial activism

A

Judges making rulings based on their policy views rather than the honest interpretation of the law

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3
Q

Constitutional Courts

A

A high court that deals with constitutional law

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4
Q

District Courts

A

A federal or state trial court

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5
Q

Court of Appeals

A

or an appellate court which is a court of law that reviews decisions made by lower courts

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6
Q

Supreme Court

A

The highest federal court consists of 9 justices. They are the final interpreters of the US Constitution.

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7
Q

Legislative Courts

A

Special courts only hear about specific cases like tax disputes or military appeals. It’s usually so the regular courts are not overloaded with cases.
- Judges in legislative terms have fixed terms.

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8
Q

Litmus test

A

When a potential candidate for high office is asked a question, the answer will determine whether the nominating official will proceed with the appointment or nomination.

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9
Q

Judicial Review

A

The power granted to the judicial branch to oversee and judge laws passed by Congress and determine whether they’re constitutional or unconstitutional.

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10
Q

Write of Certiorari

A

A legal order issued by a higer court to review the decision of a lower court

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11
Q

Plaintiff

A

A person who brings a case to court

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12
Q

Standing

A

The legal right of a party to bring a lawsuit or make a legal claim

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13
Q

Precedent

A

An earlier event or action that is viewed as an example or guideline to be considered in similar cases.

  • a principle or rule established in a previous legal case that is regarded as binding on courts when deciding similar cases
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14
Q

Class-Action Suit

A

A type of legal action where a group of individuals collectively brings a lawsuit against someone

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15
Q

Original Jurisdiction

A

A court has the power to hear a case for the first time

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16
Q

Appellate Jurisdiction

A

Refers to a court’s authority to review decisions made by lower courts

17
Q

Brief

A

Legal document submitted to a court that presents arguments, legal analysis, and supporting evidence

18
Q

Amicus Curiae Brief

A

A written argument submitted to a court to assist one side of the case

19
Q

Opinion of the Court/Majority Opinion

A

The written decision issued by the majority of members of a court who participated in deciding a case

20
Q

Concurring Opinion

A

A written statement from one or more justices or judges which support the results of the case for reasons not stated in the majority opinion.

21
Q

Dissenting Opinion

A

A written statement issued by a judge or justice who disagrees with the majority decision

22
Q

Stare Decisis

A

Refers to the practice of courts following the precedent

“Let things stand the way things are”

23
Q

Rule of Four

A

A procedure used by the Supreme Court to grant a petition for review only if there are at least four votes to do so

24
Q

Amendment

A

An official change or addition made to a legal document, law, or contract.