Chapter 8 - The Judiciary Flashcards Preview

American Government > Chapter 8 - The Judiciary > Flashcards

Flashcards in Chapter 8 - The Judiciary Deck (21):
1

Judicial review

The authority of the judiciary to decide whether a law or any other government action is constitutional

2

Federal court supremacy

The arrangement based on the supremacy clause in the Constitution that gives federal courts the authority to overturn state court decisions and to decide on the constitutionality of state laws and actions

3

Criminal case

A case in which the government prosecutes a person for a crime against society

4

Civil case

A case in which at least one person sues another person for violating the civil code of conduct

5

Standing

The official status of a litigant who is entitled to have his or her case decided by the court

6

Class action

A lawsuit in which the plaintiff or defendant is a collective group of individuals

7

Common law

A system of jurisprudence in which the judiciary has the authority to determine how the law is to be interpreted. Under this system, legal precedent established by judges informs future decisions

8

Civil law

A system of jurisprudence in which authoritative documents determine how the law is to be interpreted. Under this system, legal codes and statutes (and not judges) inform future decisions

9

Stare decisis

The legal principle that requires judges to respect the decisions of past court cases

10

Statutory law

The laws passed by legislatures, or administrative agencies empowered by legislatures, and the court decisions interpreting those laws

11

Constitutional law

The collection of fundamental rules for making statutory laws and regulations, their enforcement, and the court decisions interpreting those rules

12

Writ of certiorari

An order by the Supreme Court directing an inferior court to deliver the records of a case to be reviewed, which effectively means the justices of the Court have decided to hear the case

13

Moot

The status of a case in which further legal proceedings would have no impact on one or both parties

14

Amicus curiae

Briefs (letters to the court) in which those who are not parties in a case provide their opinions on how the case should be decided

15

Legal model

A theoretical model where judicial decisions are primarily determined by the case, the plain meaning of the text from the Constitution and statutes, the intent of the framers, and/or legal precedent

16

Attitudinal model

A theoretical model where judicial decisions are primarily determined by the policy goals and ideological agendas of judges

17

Strategic (or rational choice)
model

A theoretical model where judicial decisions are primarily determined by the policy goals of judges and the various constraints that stand in the way of achieving those goals

18

Concurring opinion

An opinion issued by a member of the majority of the Supreme Court that agrees with the decision of the majority but offers alternative legal reasoning

19

Dissenting opinion

An opinion issued by a member of the Supreme Court in opposition to the majority, offering legal reasoning for the decision to
oppose

20

Strict constructivism

The legal philosophy that judges should use the intentions of those writing the law or the
Constitution as guides for how to interpret the law

21

Judicial activism

Judicial rulings that go beyond interpreting the law in order to promote a judge’s personal or political agenda