Judiciary - Chapter 14 - Pols Test 2

Front 1

Attitudinal Model

Back 1

A model that suggests that judges' decisions are largely, if not exclusively, determined by their personal ideological and policy preferences.

Front 2

Collegial Court

Back 2

Courts in which groups of judges decide cases based on a review of the record of the lower court trial.

Front 3

Conurring Opinion

Back 3

An opinion written by a Supreme Court justice who agrees with the ruling of the court but not the reason behind it.

Front 4

Conference

Back 4

The meeting of Supreme Court Justices where they decide which cases they will hear.

Front 5

Confirmation Process

Back 5

The period between when a presidential nomination of a federal judge is received in the Senate and when the nominee is either confirmed or defeated.

Front 6

Constitutional Interpretation

Back 6

An action of the Supreme Court in which the justices determineif a law is in line with the Constitution.

Front 7

Courts of Appellate Jurisdiction

Back 7

Courts that review the decisions of lower courts.

Front 8

Courts of Original Jurisdiction

Back 8

Trial courts that hear cases for hte first time and determine issues of fact and law.

Front 9

Dissenting Opinion

Back 9

An opinion written by a Supreme Court justice who is in the minority and presents the logic and thinking of hte justices who opposed the majority opinion.

Front 10

En Banc

Back 10

A procedure in which all members of a U.S. court of appeals hear and decide a case.

Front 11

Judicial Activism

Back 11

A view of Supreme Court decision making that calls for hte Court to take an active role in policymaking through its interpretation of the Constitution.

Front 12

Judicial Conference

Back 12

A committee of district and appellate judges that reviews the needs of the federal judiciary and makes recommendations to congress.

Front 13

Judicial Power

Back 13

The authority of courts to interpret and apply the law in particular cases.

Front 14

Judicial Restraint

Back 14

A view of Supreme Court decision making that calls for the Court to defer policymaking to the other branches of government.

Front 15

Judicial Review

Back 15

The power to review decisions of the lower courts and to determine the constitutionality of laws and actions of the public officials.

Front 16

Jurisdiction

Back 16

The types of cases a given court is permitted to hear.

Front 17

Legal Model

Back 17

A view of judicial decision making that argues that judges set aside their own values and make decisions based solely on legal criteria.

Front 18

Legal Realist Model

Back 18

A model of judicial decision making that argues that personal values and ideologies affect a judge's decisions.

Front 19

Legislative Interpretation

Back 19

An action of the Supreme Court in which the court rules on the meaning and intent of an action of Congress.

Front 20

Living Constitution

Back 20

Theory that assumes the Constitution was meant to be a dynamic document whose meaning has to account for contemporary social and political context.

Front 21

majority opinion

Back 21

A decision of the Supreme Court in which five or more of the justices are in agreement on the ruling of which part should win a case and the reason why the party should win.

Front 22

Originalism

Back 22

The idea that Supreme Court justices should interpret the Constitution in terms of the original intentions of the framers.

Front 23

plurality opinion

Back 23

A decision of the Supreme Court in which a majority of the Court agrees on a decision, but there is not a majority agreement on the reason for the decision.

Front 24

rule of four

Back 24

The number of Supreme Court justices that must agree to hear a case.

Front 25

senatorial courtesy

Back 25

The practice that allows senators from states with federal district court vacancies to recommend individuals for the president to nominate. If the president fails to follow the home state senators’ recommendations, the slighted senator may block the nomination from coming to the floor for a confirmation vote.

Front 26

slot machine theory

Back 26

The view of judicial review that all a judge does is lay the constitutional provision involved beside the statute being challenged and “decide whether the latter squares with the former.”

Front 27

strategic model

Back 27

Theory of judicial decision making that claims that justices vote in ways that will allow them to achieve their policy goals.

Front 28

writ of certiorari

Back 28

An action of the Supreme Court stating that the Court will hear a case that has been appealed to them. Four of the nine justices must vote to review a case (see rule of four).

Front 29

writ of mandamus

Back 29

A court order instructing a public official to carry out some official duty.