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Flashcards in THE judiciary Part 1 Deck (31):
1

What is judicial review

The right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution

2

How does the judicial review contrast to the parliament

The Parliament is supreme and no court me strike down the law that it passes

3

What is the strict constructionist approach

The view that judges should decide cases strictly on the basis of the language of the laws in the constitution

4

What is the activist approach

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

5

What did the founding fathers think that the initial purpose of the federal courts would be

It would have another force Nor will but merrily judgment and thus the weakest of the three department of power

6

What were the three storable errors that shape the political economic and ideological forces of the court

The legitimacy of the federal government and slavery

The relationship between the government and the economy

Potential conflict between social equality and personal liberty

7

What is a constitutional court

One exercising the judicial powers found an article 3 of the Constitution and therefore its judges are given constitutional protection: they may not be fired Normay their salaries be reduced by bear in office

8

What is the most important of the constitutional court

District Court

9

The district court

A total of 94 within at least one in each state, the District of Columbia and the commonwealth of Puerto Rico

10

What is the court of appeals

One in each of the 11 regions or circuits plus one of the District of Columbia.

11

What is a legislative court

Is one set up by Congress for some specialized purpose and staff with people who are fixed term of office and can be removed or have their salaries reduced. Legislative courts include the court of military if you

12

What is the litmus test

A test of ideological purity – in selecting judges. When conservatives are out of power they complain about how liberal president uses such a pest. When liberals are out of power they complain about how conservative president

13

What kind of cases do federal courts have your jurisdiction in

They can hear all cases arising under the Constitution, the laws of the United States, and treaties (federal question cases

14

What are federal question cases

Cases concerning the Constitution and federal laws or treaties

15

What are diverse city cases

Cases involving citizens or different states you can bring suit in federal courts

16

What is a writ of certiorari

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

17

How many justices votes does it take for a court to hear a certain appeal

Four out of nine

18

The court will often Grant Certiorari when one or both of the following is true

Two or more federal circuit courts of appeals have decided the same issue in different ways

The highest court in a state has held a federal or state law to be in violation of the Constitution or has upheld the state law against the claim that it is in violation of the Constitution

19

What is in forma pauperis

A method whereby a poor person can have his or her case heard in federal court without charge

20

What is the fee shifting

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

21

Plaintiff

The party that initiates a lawsuit

22

What is standing

A legal rule stating who is authorized to start a lawsuit

23

What is the doctrine of sovereign immunity

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

24

Class-action suit

A case brought into court by a person on behalf not only of himself or herself but of all other persons in similar circumstances

25

What is a brief

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

26

Amicus curiae.

A brief submitted by a friend of the court

27

What is a per curiam opinion

A brief unsigned court opinion

28

Opinion of the court

A signed opinion of a majority of the Supreme Court

29

Concurring opinion

An opinion that is signed in which one or more members agree with the majority view but for different reasons

30

Dissenting opinion

A signed opinion in which one or more justices disagree with the majority view

31

Why is it that only in the United States the selection of a judge produces so much dramatics and such bitter conflicts

Only in the United States to get his place so large a role in making public policy