ap gov judiciary example #18834

13 April 2024
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judicial review
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the power of courts to declare laws unconstitutional
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judicial restraint approach
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the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution
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activist approach
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the view that judges should discern the general principles underlying laws of the const. & apply them to modern circumstances
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constitutional court
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a federal court authorized by article 3 that keeps judges in office during good behavior and prevents their salaries from being reduced. they are the supreme, appelate & district courts created by Congress
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district courts
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the lowest federal courts; federal trials can be held only here
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courts of appeal
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federal courts that hear appeals from district courts; no trials
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legislative courts
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courts created by congress for specialized purposes whose judges do not enjoy protections of article 3
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litmus test
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an examination of the political idology of a nominated judge
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federal-question cases
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cases concerning the constitution, federal laws or treaties
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diversity cases
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cases involving citizens of different states who can bring suit in federal courts
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writ of certiorari
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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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in forma pauperis
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a menthod whereby a poor person can have his case heard in federal court without charge
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fee shifting
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a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
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plaintiff
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the party that initiates a lawsuit
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standing
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a legal rule stating who is authorized to start a lawsuit
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class-action suit
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a case brought by someone to help him or her and all others who are similarly situated
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brief
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a written statement by an attorney that summarizes a case and the laws and ruling that support it
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amicus curiae
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a brief submitted by a "friend of the court"
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per curiam opinion
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a brief, unsigned court opinion
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opinion of the court
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a signed opinion of a majority of the Supreme Court
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concurring opinion
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a signed opinion in which one or more members agree with the majority view but for different reasons
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dissenting opinion
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a signed opinion in which one or more justices disagree with the majority view
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stare decisis
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"let the decision stand" or allowing prior rulings to control the current case
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political question
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an issue the supreme court will allow the executive and legislative branches decide
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remedy
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a judicial order enforcing a right or redressing a wrong
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Judiciary Act of 1789
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established the federal court system by dividing the country into federal judicial districts, creating district courts & courts of appeal(circuit courts), 3 tear system. 6 JUSTICES
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Judiciary Act of 1869
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set number of justices at 9, relieved circuit riding burden, created new circuit judgeships
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Judiciary Act of 1891
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no more circuit riding, "created" court of appeals, greatly reduced SCOTUS workload
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Judiciary Act of 1925
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gave SCOTUS discretion when granting "cert", "rule of 4":all it takes is 4/9 to hear a case
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precedent
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a ruling that sets guidelines for future similar cases
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original jurisdiction
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first time a case is heard, establishes facts of case/determines innocence or guilt
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appellate jurisdiction
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higher court that reviews trial court decisions, does NOT retry case, only determines it
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State Supreme Court
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deal with state laws; 3 levels: trial, appellate, state supreme(final appeal). cases may be appealed to the SCOTUS if a federal or constitutional issue is involved
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Federal Court
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has original jurisdiction over federal issues; 3 levels: trial, appellate & supreme
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district court
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94 across the country (CA has 4); original jurisdicition over federal cases; territory courts also have original jurisdiction over local cases
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senatorial courtesy
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Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. (distict level)
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appellate jurisdiction
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The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.
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majority opinion
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a statement that presents the views of the majority of Supreme Court justices regarding a case. "winning" decision, sets precedent
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solicitor general
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4th ranking justice dept.official. "tenth justice" supervises & conducts govt litigation in the SCOTUS, determines the legal position that the US will take in the SCOTUS. files amicus curiae briefs in cases in which the fed govt has a significant interest, determines which cases the govt will appeal
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judicial activism
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the tendency of judges to interpret the Const according to their only views, actively involved..strong belief in judicial review
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judicial restraint
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legislative and exectuive branches set policy and only get involved if that policy is a flagrant violation of the const.
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writ of Mandamus
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written order from a court to a governmant official , demading the performance of some public duty
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writ of Injunction
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court orders that forbid a particular action
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writ of habeas corpus
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a court order that requires police to bring a prisoner to court to explain why they are holding the person
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trial court
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the first court to hear a criminal or civil case
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civil law
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A law that governs relationships between individuals and defines their legal rights.
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criminal law
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the body of law dealing with crimes and their punishment
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bloc voting
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A pattern of voting behavior of two or more justices. liberal bloc & cons. bloc..no longer reflects makeup of framers
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swing vote
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a vote that decides the result of an election - kennedy now
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Superior Court
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The principal trial court of the state; a court of unlimited monetary and subject matter jurisdiction, and an appeal court for decisions of municipal courts and small claims courts.
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"de novo"
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anew; from the beginning; the case is tried in the appellate court as if it had not been tried previously and witnesses are allowed to testify