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44 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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strict constitutional approach
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the view that judges should discern the general principles underlying laws of the Constitution and apply them to modern circumstances
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activist approach
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a federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced
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constitutional courts
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What are examples of constitutional courts?
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Supreme Court, appellate and district courts
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Which courts were created by the Constitution?
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Supreme Court
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Which courts were created by Congress?
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Appellate and district courts
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the lowest federal; 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 where judges don't 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 can't sue the government without the government's consent
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sovereign immunity
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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 suits
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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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What are two special things about American courts from other countries?
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In America the election of judges matters alot
Only country to have judicial review |
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What are two views of what kind of view a judge should take?
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strict constitutional view
activist approach |
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Why is the judicial branch considered the least dangerous to political rights?
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No active resolution
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What are some examples of legislative courts?
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Court of Military Appeals
Territorial Courts |
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Which circuit has more liberal judges?
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9th circuit
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Which circuit has more conservative judges?
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5th circuit
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Which penalty will be taken if the same case is tried in federal and state?
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sent to the tougher penalty
(called dual sovereignty doctrine) |
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What is the reasoning for dual sovereignty doctrine?
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-each level of government has right to enact laws serving it's own purpose
-doesn't want blocking prosecution on felon due to sympathy of authorities |
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In order to sue what qualifications must you meet?
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-must be an actual controversy
-must be harmed by the law you are contradicting -can't control your tax money or government action |
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When is Supreme Court in session?
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In session 36 weeks a year
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Who is the solicitor general?
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is the second-ranking member of the justice deparment (after the attorney general)
sometimes called 10th justice |
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What are the three kinds of written reports the courts will give?
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opinion of the Court, concurring opinion, and dissenting opinion
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Why is precedent important in ruling cases?
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-If decisions change than the court becomes unpredicatable
-Principal of equal justice |
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What are two ways to measure judicial power?
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How courts handle cases after left to legislature
The remedies they impose |
