Chapter 16: The Judiciary Flashcards Preview

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Flashcards in Chapter 16: The Judiciary Deck (28):
1

judicial review

The power of courts to declare laws unconstitutional

2

Strict-constructionist approach

The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

3

Activist Approach

The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances

4

McCulloch v Maryland

state can't tax a federal enterprise

5

constitutional court

A federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (Constitution) and appellate and district courts created by Congress

6

District Courts

the lowest federal courts; federal trials can be held only here

7

courts of appeals

federal courts hear appeals from district courts; no trials

8

legislative courts

Courts created by Congress for specialized purposes whose judges do not enjot the protections of Article III of the Constitution

9

senatorial courtesy

heavy weight is given to the preferences of the senators from the state where a federal distrcit judge is to serve

10

blue slip

senior senator from a state records opinion of district judge

11

litmus test

an examination of the political ideology of a nominated judge

12

federal-question cases

cases concerning the Constitution, federal laws, treaties

13

Diversity cases

Cases involving citizens of different states who can bring suit in federal courts

14

writ of certiorari

An order by a higher couty directing a lower court to send up a case for review

15

in forma pauperis

a methdo whereby a poor person can have his heard federal court without charge

16

fee shifting

a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

17

plaintiff

the party that initiates a lawsuit

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standing

a legal rule stating who is authorized to start a lawsuit

19

sovereign immunity

the rule that a citizen cannot sue the government without the government's consent

20

class-action suit

a case crought by someone to help gim or her and all others who are similarly situated

21

brief

a written statement by an sttorney that summarizes a case and the laws and rulings that support it

22

amicus curiae

a brief submitted by a friedn of the court

23

per curiam opinion

a brief, unsigned court opinion

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opinion of the court

a signed opinion of a majority of the supreme court

25

concurring opinion

a signed opinion in which one or more members agree with the majority view but got different reasons

26

stare decisis

let thee decision stand or allowing prior court rulings to control the current case

27

political question

an issue the supreme court will allow the executive an legislative branches decide

28

remedy

a judicial order enforcing a right or redressing a wrong