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29 Cards in this Set

  • Front
  • Back
Attitudinal Model
A model that suggests that judges' decisions are largely, if not exclusively, determined by their personal ideological and policy preferences.
Collegial Court
Courts in which groups of judges decide cases based on a review of the record of the lower court trial.
Conurring Opinion
An opinion written by a Supreme Court justice who agrees with the ruling of the court but not the reason behind it.
The meeting of Supreme Court Justices where they decide which cases they will hear.
Confirmation Process
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.
Constitutional Interpretation
An action of the Supreme Court in which the justices determineif a law is in line with the Constitution.
Courts of Appellate Jurisdiction
Courts that review the decisions of lower courts.
Courts of Original Jurisdiction
Trial courts that hear cases for hte first time and determine issues of fact and law.
Dissenting Opinion
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.
En Banc
A procedure in which all members of a U.S. court of appeals hear and decide a case.
Judicial Activism
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.
Judicial Conference
A committee of district and appellate judges that reviews the needs of the federal judiciary and makes recommendations to congress.
Judicial Power
The authority of courts to interpret and apply the law in particular cases.
Judicial Restraint
A view of Supreme Court decision making that calls for the Court to defer policymaking to the other branches of government.
Judicial Review
The power to review decisions of the lower courts and to determine the constitutionality of laws and actions of the public officials.
The types of cases a given court is permitted to hear.
Legal Model
A view of judicial decision making that argues that judges set aside their own values and make decisions based solely on legal criteria.
Legal Realist Model
A model of judicial decision making that argues that personal values and ideologies affect a judge's decisions.
Legislative Interpretation
An action of the Supreme Court in which the court rules on the meaning and intent of an action of Congress.
Living Constitution
Theory that assumes the Constitution was meant to be a dynamic document whose meaning has to account for contemporary social and political context.
majority opinion
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.
The idea that Supreme Court justices should interpret the Constitution in terms of the original intentions of the framers.
plurality opinion
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.
rule of four
The number of Supreme Court justices that must agree to hear a case.
senatorial courtesy
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.
slot machine theory
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.”
strategic model
Theory of judicial decision making that claims that justices vote in ways that will allow them to achieve their policy goals.
writ of certiorari
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).
writ of mandamus
A court order instructing a public official to carry out some official duty.