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36 Cards in this Set
- Front
- Back
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The power of courts to declare laws unconstitutional
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judicial review
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The view that judges should decide ca ses strictly on the basis of the language of the laws and the constitution
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judicial restraint approach
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The view that judges should discern the general principles underlying laws or the constitution and apply them to madern cirumstances
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activist approach
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A federal court authorized by Article III of the Consitution that keeps judges in office during good behavior and prevents their salaries from being reduced. The are the Supreme court (created by the Constitution) and appellte and district courts created by congress
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consitutional court
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The lowest federal courts; federal trials can be held only here
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district courts
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Federal courts that hear appeals freom district courts; no trials
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courts of appeals
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The power of courts to declare laws unconstitutional
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judicial rreview
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The view that judges should decide ca ses strictly on the basis of the language of the laws and the constitution
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judicial restrarint approach
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Courts created by congress for specialized purposes whose judges do not enjoy the protections of Aricle III of the Constitution
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legislative courts
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The view that judges should discern the general principles underlying laws or the constitution and apply them to madern cirumstances
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activist approach
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An examination of the political ideology of a nomiated judge
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litmus test
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A federal court authorized by Article III of the Consitution that keeps judges in office during good behavior and prevents their salaries from being reduced. The are the Supreme court (created by the Constitution) and appellte and district courts created by congress
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constitutional court
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cases concerning the constitution, federal laws, or treaties
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federal question cases
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The lowest federal courts; federal trials can be held only here
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district courts
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cases involving citizens of different states who can bring suit in fe deral courts
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diversity cases
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Federal courts that hear appeals freom district courts; no trials
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court of appeals
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Courts created by congress for specialized purposes whose judges do not enjoy the protections of Aricle III of the Constitution
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legislative courts
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An examination of the political ideology of a nomiated judge
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litmus tests
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cases concerning the constitution, federal laws, or treaties
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federal question cases
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cases involving citizens of different states who can bring suit in fe deral courts
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diverstiy cases
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An order by a higher court directing a lower court to send up a case for review
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writ of cetiorari
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A method wereby a poor perosn can have his or her case heared in fereal court without charge
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in forma pauperis
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A rule that allows a plaintiff to recover costs from the defentant if the plaintiff wins
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fee shifting
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The party that initiates a lawsuit
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Plaintiff
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A legal rule stating who is authorized to start a lawsuit
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standing
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The rule that a citizen cannot sue the government without the government's consent
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soverign immunity
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A cse brought by someone to help him or her and all others who are similarly situated
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class action suit
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A written statement by an attorney that summarizes a case and the laws and rulings that support it
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brief
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A brief submitted by a "friend of the court"
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amicus cuirae
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A brief, unsigned court opinion
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pre curiam opinion
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A signed opinion of a mojority of the Supreme court
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opinion of the court
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A signed opinion in which one or more members agree with themojority view but for different reasons
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concurring opinion
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A signed opinion in which one or more justices disagree iwtht he mojority view
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dissenting opinion
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"let the decision stand," or allowing prior rulings to control the current case
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stare decisis
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An issue the Supreme court will allow the executive and legislative branches decide
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politial question
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A judical order enforcing a right or redressing a wrong
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remedy
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