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36 Cards in this Set
- Front
- Back
judical review
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The power of courts to declare laws unconstitutional
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judicial restraint approach
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The view that judges should decide ca ses strictly on the basis of the language of the laws and the constitution
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Activist approach
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The view that judges should discern the general principles underlying laws or the constitution and apply them to madern cirumstances
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constitutional court
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A federal court authorized by Article III of the Consitution that keeps judges in office during good behavior and prevents their salaries from being reduced. The are the Supreme court (created by the Constitution) and appellte and district courts created by congress
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district courts
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The lowest federal courts; federal trials can be held only here
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courts of appeals
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Federal courts that hear appeals freom district courts; no trials
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judical review
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The power of courts to declare laws unconstitutional
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Legislatie courts
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Courts created by congress for specialized purposes whose judges do not enjoy the protections of Aricle III of the Constitution
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judicial restraint approach
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The view that judges should decide ca ses strictly on the basis of the language of the laws and the constitution
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litmus test
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An examination of the political ideology of a nomiated judge
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Activist approach
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The view that judges should discern the general principles underlying laws or the constitution and apply them to madern cirumstances
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federal-question cases
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cases concerning the constitution, federal laws, or treaties
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constitutional court
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A federal court authorized by Article III of the Consitution that keeps judges in office during good behavior and prevents their salaries from being reduced. The are the Supreme court (created by the Constitution) and appellte and district courts created by congress
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Diversity cases
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cases involving citizens of different states who can bring suit in fe deral courts
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district courts
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The lowest federal courts; federal trials can be held only here
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courts of appeals
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Federal courts that hear appeals freom district courts; no trials
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Legislatie courts
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Courts created by congress for specialized purposes whose judges do not enjoy the protections of Aricle III of the Constitution
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litmus test
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An examination of the political ideology of a nomiated judge
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federal-question cases
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cases concerning the constitution, federal laws, or treaties
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Diversity cases
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cases involving citizens of different states who can bring suit in fe deral courts
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writ of cetiorari
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An order by a higher court directing a lower court to send up a case for review
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in forma pauperis
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A method wereby a poor perosn can have his or her case heared in fereal court without charge
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fee shifting
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A rule that allows a plaintiff to recover costs from the defentant if the plaintiff wins
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Plaintiff
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The party that initiates a lawsuit
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standing
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A legal rule stating who is authorized to start a lawsuit
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sovereign immunity
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The rule that a citizen cannot sue the government without the government's consent
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class-action suit
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A cse brought by someone to help him or her and all others who are similarly situated
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brief
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A written statement by an attorney that summarizes a case and the laws and rulings that support it
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amicus curiae
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A brief submitted by a "friend of the court"
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per curiam opinion
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A brief, unsigned court opinion
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opinion of the court
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A signed opinion of a mojority of the Supreme court
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concurring opinion
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A signed opinion in which one or more members agree with themojority view but for different reasons
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dissenting opinion
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A signed opinion in which one or more justices disagree iwtht he mojority view
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stare decisis
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"let the decision stand," or allowing prior rulings to control the current case
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political question
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An issue the Supreme court will allow the executive and legislative branches decide
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remedy
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A judical order enforcing a right or redressing a wrong
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