The Judiciary (AP Gov) Flashcards

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