← APGov156 - Unit 3a Congress and the Courts Export Options Alphabetize Word-Def Delimiter Tab Comma Custom Def-Word Delimiter New Line Semicolon Custom Data Copy and paste the text below. It is read-only. Select All Bicameral Consisting of two legislative houses Caucus An association of Congressmen and women created to advance a political ideology or regional, ethnic, or economic interest. Closed Rule An order from the House Rules committee that sets a time limit on debate and forbids a bill from being amended on the floor Cloture Rule A Senate rule used to end debate or a bill Concurrent Resolution An expression of opinion without the force of law that requires the approval of the House and Senate but no Presidential signature Conference Committees Joint committee appointed to resolve differences between House and Senate versions of the same bill. Temporary in meeting time. Conservative Coalition Coalition of most Republicans and some conservative Democrats Blue-Dog Democrat A Democratic lawmaker from a conservative district. Usually leans conservative in beliefs. Division Vote (Standing Vote) Voting process where members stand up to be counted during a vote Double-Track Senate procedure to keep Senate business going during a filibuster by temporarily tabling the disputed bill. Filibuster Attempt to defeat a bill or disrupt a bill's process in the Senate by talking indefinitely. Is a Senate rule and is not in the Constitution. Franking Privilege Ability of Congressmembers to mail letters to their constituents for free by using their signature as postage. A huge incumbency advantage during reelection. Joint Committee Permanent committee that has both House and Senate members. Includes Printing and Taxation Joint Resolution Formal expression of congressional opinion that must be approved by the House and Senate and signed by the President. Exception: Constitutional Amendments do not ned to be signed by POTUS. Majority Leader Legislative leader elected by party members holding a majority of seats in the House or Senate. Marginal (Toss-Up) Districts Districts in which candidates to the House win in close elections. Considered unsafe or unreliable districts. Minority Leader Legislative leader elected by party members holding a minority of seats in the House or Senate Multiple Referral When a bill is sent to several committees at once Open Rule Order from the House Rules Committee that permits a bill to be amended on the floor Polarization When both parties become entrenched in party positions on an issue and are not willing to budge Pork-barrel Legislation that gives actual benefits to constituents in districts in the hopes of winning votes from that district. Example: A House member introduces a bill to build a new fighter jet in his district hoping that voters will be thankful and re-elect him. Private Bill Rare form of law that deals only with a specific person or specific local matter. Quorum Minimum number of members required to be in attendance for Congress to conduct official business Quorum Call Roll call in the House or Senate to see whether the minimum number of legislators are in the building to do business. Restrictive Rule An order from the House Rules Committee that permits certain types of amendments (but not others) to be made to a bill on the floor. Christmas Tree Bill A popular bill that has many amendments attached in the hope members will vote for the popular bill and just ignore all the amendments. Sometimes used to get an unpopular issue approved. Roll Call Vote Type of voting where members answer Yea or Nay when their name is individually called Safe Districts Districts in which incumbents win with 55% or more of the vote. Select Committees Temporary committee focused on a particular issue (Terrorism, Global Warming) Sequential Referral Congressional process where the Speaker sends a bill to a committee only after a previous committee is finished acting on the bill. Simple Resolution Expression of opinion either in the House or Senate to settle procedural questions Standing committees Permanent committees in the House and Senate that do most of Congress' work. Voice Vote Voting procedure when members shout at either Yes or No. A way to quickly vote Whip A Senate or House member who keeps party leaders informed, counts votes, and enforces party loyalty Mark-Up When a committee makes changes to a bill CRS Congressional Research Service - Conducts research and gives information free of charge to Congressmembers and staff CBO Provides financial forecasting related to bills Speaker of the House Most powerful office in the House. Assigns bills to committee, conducts (or appoints someone to) floor actions Appropriations Committee Determines how laws are funded. Extremely powerful House Ways and Means Writes the tax code and controls revenue. Extremely powerful Activist Approach View that judges should apply original, founding principles and fit them to modern circumstances Amicus Curiae Friend of the Court brief filed on behalf of a party to a lawsuit. Attempts to sway the Court's opinion on an issue Brief Document written by a lawyer that lays out key facts and legal arguments in a case Class-Action Lawsuit A case where many people have had the same legla wrong done to them and file a lawsuit as one "class" Concurring Opinion A signed opinion in which a justice agrees with the majority decision in a case but for a different legal reason than is stated in the majority decision Constitutional Court A court authorized in Article III that keeps judges in office during good behavior and prevents their salaries from bring reduced. Includes SCOTUS, Appellate, and Federal District Courts as authorized by Congress. SCOTUS Supreme Court of the United States Nine How many justices are on the SCOTUS. Recuse When a justice refuses to take part in the decision of a case because he/she is personally connected to the case. Court of Appeals/Appellate Courts Federal courts that hear appeals from district courts. No trials. Dissenting Opinion A signed opinion where one or more justices disagree with the majority decision. District Courts Federal courts that hold trials. The lowest form of federal court. Diversity Cases Cases involving citizens of different states who can bring suit in federal court. Dual Sovereignty Where state and federal courts can prosecute the same person for the same conduct with each authority prosecuting under its own law Federal Question Case Cases concerning the Constitution, federal laws, or treaties Fee Shifting Rule that allows plaintiffs to recover costs from the defendant if the plaintiff wins In Forma Pauperis A poor person can have their case heard in federal courts without charge Judicial Restraint Judges should decide cases strictly on the language as written in the Constitution or laws Judicial Review Established in 1803 Marbury v. Madison. The power of the courts to declare laws unconstitutional Legislative Courts Courts created by Congress that hear only specific types of cases and whose judges do not have life terms and may have their salaries reduced. Includes tax court, bankrupcy court, etc. Litmus Test Examination of the political ideology and beliefs of a potential federal judge Opinion of the Court Signed opinion by a majority of the justices on a court Junior Justice The most recent justice to be added to the SCOTUS Chief Justice Head of the SCOTUS. Confirmed by the Senate separate from their confirmation as an Associate Justice. Begins all oral argument. Associate Justice All SCOTUS justices other than the CJ Per Curiam Opinion Unsigned opinion of the Court. Usually used in unanimous, noncontroversial cases. Usually less than a page. Slip Opinion Opinion of the Court. Unsigned. No explanation given. A simple Yes or No Plaintiff Person who initiates a lawsuit Defendant Person who has to defend themselves in a lawsuit Remedy A judicial order redressing a wrong. Awarding monetary damages after a car accident or a restraining order against a bully are examples of remedies Sovereign Immunity Rule that a citizen may not sue the federal government unless the federal government consents to the lawsuit. Standing Legal rule stating who is allowed to bring a lawsuit Stare Decisis Latin - Let The Decision Stand; allowing prior rulings to control a current case. When Stare Decisis is thrown out it is a big deal. Example: Stare Decisis who thrown out in the Brown v. Board when Plessy v. Ferguson (Separate but Equal) was thrown out. Writ of Certiorari Order by a higher court directing a lower court to send them a case. Writ of Mandamus Judicial order telling another government institution to do something. Affirmed A higher court has concluded the decision of a lower court was correct Remanded A higher court sends a case back down to a lower court to be reconsidered Appeal Request made following a trial by a party to the case who has lost on one or more issues to a higher court to determine if the decision made was correct. Bench Trial Trial without a jury where the judge ascertains fact and renders a decision Capital Offense Offense punishable by death penalty De Novo Latin phrase meaning To Begin Anew. A trial De Novo is a completely new trial. Discharge Petition Request made to a congressional committee to discharge a bill out of the committee so it can move forward in the legislative process Jurisdiction Legal authority of a court to hear a particular type of case. Pro Se Representing yourself at trial. Bad, bad idea.