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26 Cards in this Set
- Front
- Back
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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 modern circumstances |
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amicus curiae-
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a brief submitted by a "friend of the court" |
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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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class-
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action suit-a case brought by someone to help him or her and all others who are similarly situated |
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concurring opinion-
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a signed opinion in which one or more justices agree with the majority view but for different reasons |
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court of appeals-
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federal courts that hear appeals from district courts; no trials |
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dissenting opinion-
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a signed opinion in which one or more justices disagree with the majority view |
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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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diversity cases-
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cases involving citizens of different states who can bring suit in federal courts |
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dual sovereignty-
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a doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law |
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federal question cases-
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cases concerning the Constitution, federal laws, or treaties |
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fee shifting-
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a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins |
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in forma pauperis-
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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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judicial restraint approach-
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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 review-
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the power of courts to declare laws unconstitutional |
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legislative courts-
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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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litmus test-
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an examination of the political ideology of a nominated judge |
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opinion of the court-
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a signed opinion of a majority of the Supreme Court |
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per curiam opinion-
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a brief and unsigned court opinion |
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plaintiff-
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the party that initiates a lawsuit |
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political question-
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an issue that the Supreme Court will allow the executive and legislative branches to decide |
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remedy-
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a judicial order enforcing a right or redressing a wrong |
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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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standing-
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a legal rule stating who is authorized to start a lawsuit |
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stare decisis-
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"Let the decision stand," allowing prior rulings to control the current case |
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writ of certiorari-
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an order by a higher court directing a lower court to send up a case for review |
