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26 Cards in this Set
- Front
- Back
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The power of courts to declare laws unconstitutional.
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judicial review
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The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.
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judicial restraint approach
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The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances.
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activist approach
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A fedral court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (created by the Constitution) and appellate and district courts created by Congress.
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constitutional court
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The lowest federal courts; federal trials can be held only here.
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district courts
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Federal courts that hear appeals from district courts; no trials.
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courts of appeals
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Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.
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legislative courts
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An examination of the political ideology of a nominated judge.
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litmus test
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Cases concerning the Constitution, federal laws, or treaties.
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federal-question cases
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Cases involving citizens of different states who can bring suit in federal courts.
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diversity cases
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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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writ of certiorari
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A method whereby a poor person can have his or her case heard in federal court without charge.
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in forma pauperis
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A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.
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fee shifting
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The party that initiates a lawsuit.
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plaintiff
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A legal rule stating who is authorized to start a lawsuit.
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standing
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The rule that a citizen cannot sue the government without the government's consent.
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sovereign
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A case brought by someone to help him or her and all others who are similarly situated.
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class-action suit
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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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brief
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A brief submitted by a "friend of the court."
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amicus curiae
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A brief, unsigned court opinion.
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per curiam opinion
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A signed opinion of a majority of the Supreme Court.
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opinion of the court
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A signed opinion in which one or more members agree with the majority view but for different reasons.
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concurring opinion
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A signed opinion in which one or more justices disagree with the majority view.
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dissenting opinion
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"Let the decision stand," or allowing prior rulings to control the current case.
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stare decisis
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An issue the Supreme Court will allow the executive and legislative branches decide.
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political question
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A judicial order enforcing a right or redressing a wrong.
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remedy
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