The Judiciary Flashcards
argues for judicial independence or the necessity that the judicial branch be truly separate from the executive and legislative branches
Federalist #78
the requirement, imposed by law or administrative regulation, that an organization (business firm, government agency, labor union, school, or college) take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership
affirmative action
the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
standing to sue
a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case
amicus curiae
the authority of a court to hear a case “in the first instance”
original jurisdiction
the authority of a court to review decisions made by lower courts
appellate jurisdiction
are trial courts of general jurisdiction, meaning that they can hear cases involving a broad array of issues
district courts
the highest court in the federal government; part of the Judicial Branch and final interpreter of the US Constitution
supreme court
certain nominations to federal courts have been objected to by an individual senator on the ground that the person nominated is not acceptable to them
senatorial courtesy
the third-ranking officer in the Justice Department, who decides what cases the federal government will appel from lower courts and personally approves every case the government presents to the Supreme Court
solicitor general
the power of the federal courts to declare actions of government or people (federal, state, local, citizens) constitutional or unconstitutional
judicial opinion
means “let the decision stand.” Most Supreme Court cases are decided based on this concept – justices rely on previous, related cases and the decisions issued there to guide their rulings
doctrine of stare decisis
a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts
precedent
the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers
original intent
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; the courts rely on other units of government to enforce their decisions
judicial implementation
US Supreme Court case that established the principle of judicial review – the power of the federal courts to declare legislative and executive acts unconstitutional
marbury v. madison
the power of the court to rule on the constitutionality of laws, acts, statutes, executive orders
judicial review
the Supreme Court unanimously ruled that Nixon could not claim executive privilege in handing over the tapes; the Court held that executive privilege could not be used to prevent evidence from being heard in criminal proceedings
United States v. Nixon
the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution
judicial restraint
the philosophy that the supreme court should play an active role in shaping national policies by addressing social and political issues
judicial activism
a doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress
political questions
a formal writ used to bring a case before the Supreme Court
Writ of certiorari
a legislative act that provides for the punishment of a person without a court trial
bill of attainder
