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36 Cards in this Set

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