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The Judiciary (AP Gov) Flashcards

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7870948324judicial reviewThe power of courts to examine the constitutionality of laws and executive actions0
7870948325judicial restraintThe view that judges should defer to elected institutions when making rulings1
7870948326judicial activismThe view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances2
7870948327Supreme CourtEstablished in Article III of the Constitution3
7870948328district courtsThe lowest federal courts; have original jurisdiction; may hold trials4
7870948329courts of appealsFederal courts that hear appeals from district courts; no trials.5
7870948330litmus testAn examination of the political ideology of a nominated judge that the president or senators may use to determine eligibility of the judge6
7870948331federal-question casesCases concerning the Constitution, federal laws, or treaties7
7870948332diversity casesCases involving citizens of different states who can bring suit in federal courts8
7870948333plaintiffThe party that initiates a lawsuit9
7870948334standingthe right of a person or party to initiate a case in the courts because he/she has been impacted by the issue in question10
7870948335briefA written statement by an attorney that summarizes the case and the laws and rulings that support it11
7870948336amicus curiaeA Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs in support of one side.12
7870948337per curium opinionA brief, unsigned court opinion13
7870948338opinion of the courtA signed opinion of the majority of the Supreme Court14
7870948339concurring opinionA signed opinion in which one or more members agree with the majority view but for different reasons15
7870948340dissenting opinionA signed opinion in which one or more justices disagree with the majority view16
7870948341stare decisis"Let the decision stand," or allowing prior rulings to control the current case; deferring to precedent17
7870948342political questionA doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.18
7870948343remedyA judicial order enforcing a right or redressing a wrong.19
7870948344adversarial systemA system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive.20
7870948345dual court systemThe separate but interrelated court system of the United States, made up of the courts on the national level and the courts on the state level.21
7870948346rule of fourA rule of the United States Supreme Court that the Court will not issue a writ of certiorari unless at least four justices approve of the decision to hear the case.22
7870948347writ of certiorariA decision by the Supreme Court to hear an appeal from a lower court23
7870948348solicitor generalA presidential appointee and the third-ranking office in the Department of Justice. This official is in charge of the appellate court litigation of the federal government.24
7870948349dual sovereigntyA doctrine holding that state and federal authorities can prosecute the same person for the same conduct. Each authority prosecuting under its own law25
7870948350JurisdictionThe power to make legal decisions and judgments26
7870948351case law or common lawLaw established by the outcome of former cases; based on precedent27
7870948352Checks upon the Judiciarythe president appoints federal judges, and the Senate confirms them; the House may impeach federal judges and the Senate may convict28
7870948353Senatorial courtesyAn unwritten tradition whereby nominations for trial level federal judicial posts is not confirmed if they are opposed by a senator from the state in which the nominee will serve.29
7871054824writ of habeas corpusa court order that a person being held in custody must be brought in front of a court along with a justification for holding him/her30
7871128741right to privacyNOT enumerated in the Constitution; established in Griswold v. Connecticut (1965); implied by several amendments including the 4th, 9th, and 14th31

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