THE judiciary Part 1 Flashcards
What is judicial review
The right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution
How does the judicial review contrast to the parliament
The Parliament is supreme and no court me strike down the law that it passes
What is the strict constructionist approach
The view that judges should decide cases strictly on the basis of the language of the laws in the constitution
What is the activist approach
The view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances
What did the founding fathers think that the initial purpose of the federal courts would be
It would have another force Nor will but merrily judgment and thus the weakest of the three department of power
What were the three storable errors that shape the political economic and ideological forces of the court
The legitimacy of the federal government and slavery
The relationship between the government and the economy
Potential conflict between social equality and personal liberty
What is a constitutional court
One exercising the judicial powers found an article 3 of the Constitution and therefore its judges are given constitutional protection: they may not be fired Normay their salaries be reduced by bear in office
What is the most important of the constitutional court
District Court
The district court
A total of 94 within at least one in each state, the District of Columbia and the commonwealth of Puerto Rico
What is the court of appeals
One in each of the 11 regions or circuits plus one of the District of Columbia.
What is a legislative court
Is one set up by Congress for some specialized purpose and staff with people who are fixed term of office and can be removed or have their salaries reduced. Legislative courts include the court of military if you
What is the litmus test
A test of ideological purity – in selecting judges. When conservatives are out of power they complain about how liberal president uses such a pest. When liberals are out of power they complain about how conservative president
What kind of cases do federal courts have your jurisdiction in
They can hear all cases arising under the Constitution, the laws of the United States, and treaties (federal question cases
What are federal question cases
Cases concerning the Constitution and federal laws or treaties
What are diverse city cases
Cases involving citizens or different states you can bring suit in federal courts
What is a writ of certiorari
An order by higher court directing the lower court to send up a case for review
How many justices votes does it take for a court to hear a certain appeal
Four out of nine
The court will often Grant Certiorari when one or both of the following is true
Two or more federal circuit courts of appeals have decided the same issue in different ways
The highest court in a state has held a federal or state law to be in violation of the Constitution or has upheld the state law against the claim that it is in violation of the Constitution
What is in forma pauperis
A method whereby a poor person can have his or her case heard in federal court without charge
What is the fee shifting
A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
Plaintiff
The party that initiates a lawsuit
What is standing
A legal rule stating who is authorized to start a lawsuit
What is the doctrine of sovereign immunity
The rule that a citizen cannot sue the government without the government’s consent
Class-action suit
A case brought into court by a person on behalf not only of himself or herself but of all other persons in similar circumstances
