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25 Cards in this Set
- Front
- Back
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One exercising the judicial power found in Article III of the Constitution, and therefore its judges are given constitutional protection.
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Constitutional Court
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One of the most important of the constitutional courts ( a total of ninety-four, with at least one in each state, the District of Colombia, and the commonwealth of Puerto Rico).
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District Courts
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One of the most important constitutional courts (one in cheash of eleven regions, or circuits, plus one in the District of Colombia).
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Courts of appeals
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Court set up by Congress of r some specialized purpose and staffed with people who have fixed terms of Ioffice and can be removed or have their salaries reduced.
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Legislative Court
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A test of ideological purtiy
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Litmus test
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Enables the plaintiff to collect its costs from the defendant if the defendant loses, at least in certain kinds of cases.
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Fee shifting
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The party that initiates the suit
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Plaintiff
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A legal concept that refers to who is entitled to bring a case.
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Standing
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A document that sets forth the facts of the case, summarizes the lower-court decision, gives the arguments for the side represented by the lawyer who wrote the brief, and discussed the other cases that the Court has decided bear on the issue.
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Brief
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An opinion by one or more justices who agree with the majority's conclusion but for different reasons that they wish to express.
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Concurring opinion
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The determination of congressional district boundaries
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Political question
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A judicial order setting fourth what must be done to correct a situation that a judge believes to be wrong.
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Remedy
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The right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforcable if they are judged to be in conflict with the Constitiution.
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Judicial review
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Argument that judges should discover the general principles underlying the Constitution and its often vague language, amplify those principles on the basis of some moral or economic philosophy, and apply them to cases.
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Activist Approach
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Cases "arising under the Constitution, the laws of the United States, and treaties."
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Federal-question cases
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Cases involving citizens of different states.
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Diversity cases
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A case brought into court by a person on behalf not only of himself or herself but of all other persons in similar circumstances.
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Class-action suit
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A collection of judge-made laws that developed over centuries and is based on decisions made by previous judges.
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Common Law
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The practice of deciding new cases with reference to former decisions.
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Precedence
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Cases when an individual is charged with violating a specific law and the government prosecutes.
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Criminal Law
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Cases when no charge of criminality is made, but one person accuses another of violating hes or her rights.
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Civil Law
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The person charged.
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Defendant
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State and federal authorities can prosecute the same person for the same conduct under both state and federal law.
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Dual sovereignty
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The selection of federal judges for district courts is heavily influenced by a tradition.
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Senatorial Courtesy
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If four justices agree to hear a case, cert (a shortened reference) is issued and the case is scheduled for a hearing.
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Rule of four
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