7870948324 | judicial review | The power of courts to examine the constitutionality of laws and executive actions | 0 | |
7870948325 | judicial restraint | The view that judges should defer to elected institutions when making rulings | 1 | |
7870948326 | judicial activism | The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances | 2 | |
7870948327 | Supreme Court | Established in Article III of the Constitution | 3 | |
7870948328 | district courts | The lowest federal courts; have original jurisdiction; may hold trials | 4 | |
7870948329 | courts of appeals | Federal courts that hear appeals from district courts; no trials. | 5 | |
7870948330 | litmus test | An examination of the political ideology of a nominated judge that the president or senators may use to determine eligibility of the judge | 6 | |
7870948331 | federal-question cases | Cases concerning the Constitution, federal laws, or treaties | 7 | |
7870948332 | diversity cases | Cases involving citizens of different states who can bring suit in federal courts | 8 | |
7870948333 | plaintiff | The party that initiates a lawsuit | 9 | |
7870948334 | standing | the right of a person or party to initiate a case in the courts because he/she has been impacted by the issue in question | 10 | |
7870948335 | brief | A written statement by an attorney that summarizes the case and the laws and rulings that support it | 11 | |
7870948336 | amicus curiae | A 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 | |
7870948337 | per curium opinion | A brief, unsigned court opinion | 13 | |
7870948338 | opinion of the court | A signed opinion of the majority of the Supreme Court | 14 | |
7870948339 | concurring opinion | A signed opinion in which one or more members agree with the majority view but for different reasons | 15 | |
7870948340 | dissenting opinion | A signed opinion in which one or more justices disagree with the majority view | 16 | |
7870948341 | stare decisis | "Let the decision stand," or allowing prior rulings to control the current case; deferring to precedent | 17 | |
7870948342 | political question | A 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 | |
7870948343 | remedy | A judicial order enforcing a right or redressing a wrong. | 19 | |
7870948344 | adversarial system | A 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 | |
7870948345 | dual court system | The 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 | |
7870948346 | rule of four | A 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 | |
7870948347 | writ of certiorari | A decision by the Supreme Court to hear an appeal from a lower court | 23 | |
7870948348 | solicitor general | A 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 | |
7870948349 | dual sovereignty | A doctrine holding that state and federal authorities can prosecute the same person for the same conduct. Each authority prosecuting under its own law | 25 | |
7870948350 | Jurisdiction | The power to make legal decisions and judgments | 26 | |
7870948351 | case law or common law | Law established by the outcome of former cases; based on precedent | 27 | |
7870948352 | Checks upon the Judiciary | the president appoints federal judges, and the Senate confirms them; the House may impeach federal judges and the Senate may convict | 28 | |
7870948353 | Senatorial courtesy | An 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 | |
7871054824 | writ of habeas corpus | a court order that a person being held in custody must be brought in front of a court along with a justification for holding him/her | 30 | |
7871128741 | right to privacy | NOT enumerated in the Constitution; established in Griswold v. Connecticut (1965); implied by several amendments including the 4th, 9th, and 14th | 31 |
The Judiciary (AP Gov) Flashcards
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