TERMS FOR FINAL Flashcards
Judicial Activism
a philosophy of judicial decision-making whereby judges allow, mainly, their personal views about public policy to guide their decisions.
Judicial Restraint
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.
Judicial Accountability
the set of mechanisms aimed at making judges and courts personally or institutionally responsible for behaviors and decisions contrary to constitutional or legal standards
State Courts
State courts are the final arbiters of state laws and constitutions.
Appointment
a position to which one is assigned, as by a high government official
Judicial Selection
One Chief Justice and six associate justices are appointed by the Governor, confirmed. by the Commission on Judicial Appointments, and confirmed by the public at the next general election. A justice also comes before the voters at the end of his or her 12-year term.
Partisan
a committed member of a political party. In partisan elections, judges’ political affiliation appears on the ballot
Non-Partisan
judges political affiliation is absent
Mixed partisan
nonpartisan elections are held to pick trial, but partisan nomination; mixed partisan and non-partisan
Judicial Merit Plans
a judicial selection method using a combination of appointment and elective mechanisms to staff state courts with judges that have “merit,” or nonpolitical qualifications.
Partial Merit System
a judge may be selected by gubernatorial appointment and nomination commission, but the appointment is subject to additional executive or legislative approval
Hybrid Merit System
combine appointment or election methods to select or retain judges at different levels of judiciary
Citizen United v. Federal Election Commission (2010)
a decision that permitted unlimited corporate and labor union spending in federal elections but also led to removing restrictions on campaign spending in half the states
Republican Party of Minnesota v White (2002)
held that judicial candidates who wish to express their political viewpoints in judicial elections deserve First Amendment protection
Federal Courts
Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes.
Habeus Corpus
literally, “you have the body”; a writ issued to inquire whether a person is lawfully imprisoned or detained. The write demands that the persons holding the prisoner justify his detention or release him.
ABA
American Bar Association
Senatorial Courtesy/Blue Slip
a Senate tradition in which a form on blue paper is sent by the chair of the Senate Judiciary Committee requesting if a senator from the nominee’s home state approves or disapproves of the president’s judicial appointment. an approval is signified by returning the blue slip; disapproval is signified by returning the blue slip
Filibuster
political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision.
Casebook Method
a method of legal instruction that allows students to learn legal principles by studying appellate opinions from a casebook that is devoted to a specific legal subject, such as contracts, torts, corporations, civil procedure, or criminal law
Juris Doctor
a professional law degree that can be earned on completion of law school.
LLM
Masters of Law
Legal Clinic
A legal clinic (also law clinic or law school clinic) is a legal aid or law school program providing services to various clients.
