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27 Cards in this Set

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  • Back
  • 3rd side (hint)
Collegial court
Courts in which groups of judges decide cases based on a review of the record of the lower court trial
lower courts outcome
Concurrent jurisdiction
When state and federal courts both are entitled to hear a particular type of case
State/Fed ct's...
Concurring opinion
Opinions written by Sup. Ct. justices who agree with the ruling of the ct. but not the reason behind it.
S.C. agree with the...? but not the....?
The mtg of SC justices where they decide which cases they will hear
SC justices meet to decide what?
Constitutional interpretation
An action of the SC in which the justices determine if a law is in line with the Constitution line...
Courts of Appellate Jurisdiction
Courts that review the decisions of lower courts
review..lower courts...
Courts of Original Jurisdiction
Trial courts that hear cases for the first time and determine issues of fact and law.
Fact and law, 1st time
Dissenting opinion
Opinions written by SC justices who are in the minority and present the logic and thinking of the justices who opposed the majority opinion.
Tell the judges in the majority...?
En banc
A procedure in which all the members of a US ct. of appeals hear and decide a case
CoA hear/decide...
Exclusive jurisdiction
Issues that a court can hear that can be heard by no other court
no other court can...?
Judicial activism
A view of SC decision making that calls for the Ct. to take an active role in policymaking through its interpretation of the Constitution.
SC/policymaking/interpret Const.
Judicial conference
A committee of district and appellate judges who reviews the needs of the federal judiciary and makes recommendations to Congress.
Judicial review
The power to review decisions of the lower courts and to determine the constitutionality of the laws and actions of public officials
SC decision...other branches of govt...laws/actions
The types of cases a given court is permitted to hear
Judicial restraint
A view of SC decision making that calls for the Ct. to defer policymaking to the other branches of govt.
ct/policy/govt branchs
Judicial power
The authority of cts to interpret and apply the law in particular cases
cts apply law in certain...?
Legal realist
A view of judicial decision making that judges must balance existing laws and precedents with the impact their decisions will have on society.
Balance laws...impact of decisions on society...
Legislative interpretation
An action of the SC in which the Ct. rules on the meaning and intent of an action of Congress
Majority opinion
A decision of the SC 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
SC >5 justices agree on reason
Original intent
The idea that SC justices should interpret the Constitution in terms of the original intentions of the framers
SC/Const./original intent of framers
Plurality opinion
A decision of the SC in which a majority of the Court agrees on a decision, but there is not a majority agreement on the reason for the decision
SC majority dec./but do not agree on...?
Rule of four
The number of SC justices that must agree to hear a case
SC needed to ... a case
Senatorial courtesy
The practice that allows senators from states with federal distrcit 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 teh coming to the floor for a confirmation vote.
Senator recommends new person...president accepts/rejects...senator accepts/rejects presidents nominations later on
Slot machine theory
The view of the 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."
jud. rev. -> judge lays const. prov. next to the statute being challenged...makes decision
Stranding to sue
The legal right to bring a lawsuit based on having a stake in the outcome
having a ____ in the outcome
Writ of certiorari
An action of the SC stating that the Ct. will hear a case that has been appealed to them. 4/9 justices must vote to review a case.
SC will hear the case...__/9 justices needed to _____ a case
Writ of mandamus
A ct. order instructing a public official to carry out some official duty
ct. order instructing a pub official (to do what)???