The Judiciary Flashcards
(23 cards)
Judicial Review
The power to declare unconstitutional
Strict Constitutionalist
Judges are bound by the word of the constitution
Activist
Judges that look to the underlying principles of the constitution
Another name for a strict constititionalist
Origionalist
marbury v madison
established judicial review
mcCulloch v Maryland
established national supremacy
structure of the supreme court
district court, appellate court, supreme court
rule of 4
4/9 vote to hear a case in the supreme court
writ of certiorari
paper stating that the court will hear your case
majority opionion
majority- wins
concurring opinion
vote yes but for different reason
procuring opinion
anonymous
stare decisis
follow the opinion of the president
litmus test
a test of the political ideology of a nominated judge
blue slip
home state senator either approves or denies
federal question cases
involving the US constitution, federal law, or treaties
diversity cases
involving different states, or citizens of different states
plaintiff
company, person, etc, that initiates a law suit
defendant
person, company, etc, against whom a claim or charge is brought to in court
class action lawsuit
case brought by someone to help him or her and all other who are similarilly situated
fee shifting
allows a plaintiff to recover costs from defendant if plaintiff wins
when you are unable to pay for a case what can you file
an informa pauperis
original jurisdiction
power of a court to hear a case first, before any other courts have decided anything
