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27 Cards in this Set
- Front
- Back
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Judicial Review |
review by the US Supreme Court of the constitutional validity of a legislative act |
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Federal Court structure |
Supreme Court, Appellate Courts (13 circuits), District Courts (94 districts) |
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Federal Court jurisdiction |
Federal Courts have limited jurisdiction, giving them operating power only to the extent of the Constitution and Federal Laws. |
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Judicial Activism |
refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law |
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Judicial Restraint |
theory of judicial interpretation that encourages judges to limit the exercise of their own power; opposite of judicial activism |
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Judicial appointment process |
responsibility for nominating federal judges and justices falls to the president |
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litmus test |
An examination of the political ideology of a nominated judge |
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judicial conference |
oral session with 9 justices where case is discussed, A closed meeting of the justices of the U.S. Supreme Court to discuss and vote on the cases before them; the justices are not supposed to discuss conference proceedings with outsiders |
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judicial tenure |
Judges are appointed for life unless impeached. Appointed by President, confirmed by senate. i.e.- Gives appointees freedom to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. |
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writ of certiorari |
Order by the Supreme Court directing a lower court to send up the records of a case for review |
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oral arguments |
the presentations that lawyers make before the Supreme Court Justices |
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political questions |
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 |
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justiciable dispute |
A constraint on the courts, requiring that a case must be capable of being settles by legal methods |
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solicitor general |
the law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court |
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precedent decisis |
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle |
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strict constructionism |
legal philosophy of judicial interpretation that limits or restricts judicial interpretation |
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loose constructionism |
a broad interpretation of a statute or document by a court |
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trial courts
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a court where cases are tried in the first place |
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appellate courts |
If either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision |
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diversity cases |
Jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states. The matter, however, must involve more than $50,000, and even then the parties have the option of commencing the suit in state court |
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district court |
The lowest federal courts where federal cases begin. They are the only federal courts where trials are held |
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circuit court |
courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system |
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criminal law |
Law that defines crimes against the public order and provides for punishment |
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civil law |
Law that governs the relations between individuals and defines their legal rights. However, the government can also be a party to a civil action. Under the Sherman Antitrust Act, for example, the federal government may initiate civil as well as criminal action to prevent violations of the law |
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standing |
Only those who have sustained injury can take a case to court |
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dissenting opinions |
An opinion disagreeing with the majority in a Supreme Court ruling |
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concurring opinions |
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning |
