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Politics of the United States
POLS - Ch 14 - The Judiciary
Political Science 1101 The Judiciary Chapter 14
Terms in this set (57)
amicus curiae briefs
Briefs filed by outside parties ('friends of the court') who have an interest in the outcome of a case.
Marbury v. Madison
Supreme Court case that established the Supreme Court's power of judicial review.
Confrontational legal process under which each party presents its version of events.
Policies that grant racial or gender preferences in hiring, education or contracting.
Legal proceeding whereby the decision of a lower court on questions of law can be challenged and reviewed by a higher court.
Authority of a court to hear cases on appeals from lower courts.
Lawsuit by a person, organization, or government against another person, organization, or government.
Lawsuit filed by one person on behalf of that person plus all similarly situated people.
Gives Congress the power to regulate commerce with foreign nations, with Indian tribes, and among the various states.
Judge-made law in England and the United States that results from gaps in statutory law.
Opinion by a judge that agrees with the court majority's result (that is, which party wins) but sets out a separate rationale.
Decisions by a court defining the meaning of a constitutional provision, often to determine whether a law or practice violates a provision of the Constitution.
courts of appeals
Intermediate federal courts in the United States, above the district courts but below the Supreme Court.
Government prosecutions of an individual for breaking the law.
Process in a lawsuit prior to trial in which each side gets to interview witnesses from the other side.
Process in lawsuit prior to trial in which each side receives relevant information held by the other side.
Opinion written by judges who disagrees with the result reached by the majority as to who should win a case.
Federal trial courts at the bottom of the federal judicial hierarchy.
equal protection of the laws
Guarantee in the Fourteenth Amendment that no state shall deny any person equal treatment.
equality of opportunity
Expectation that citizens may not be discriminated against on account of race, gender, or national background and that every citizen should have an equal chance to succeed in life.
equality of outcome
Expectation that equality is achieved if results are comparable for all citizens regardless of race, gender, or national background, or that such groups are proportionally represented in measures of success in life.
Doctrines of fairness followed in countries that follow the English common law.
Special jury charged with determining whether people should be put on trial.
Power available to a senator to keep a bill or presidential nomination from coming to the Senate floor.
Process by which the Supreme Court made some provisions of the Bill of Rights binding on the states.
Process by which citizens place proposed laws on the ballot for public approval.
intent of the Framers
Interpretation of a law or constitutional provision based on what the Framers of the law intended.
Judges who go beyond what the law requires and seek to impose their own policy preferences on society through their judicial decisions.
Ability of judges to reach decisions without fear of political retribution.
Respecting the decisions of other branches, or, through the concept of precedent, the decisions of earlier judges.
Authority of courts to declare laws passed by Congress and acts of the executive branch to be unconstitutional.
Created the lower federal judiciary, district courts, and circuit courts of appeals.
Lawful authority of a court to hear a case.
Opinion of a court laying out the official position of the court in the case.
Named after Chief Justice John Marshall, the Court that greatly expanded national power.
necessary and proper clause
Gives Congress the power to pass all laws necessary and proper to the powers enumerated in Section 8.
Authority to hear a case directly from a petitioning party as in a trial.
Interpretation of laws or constitutional provisions based on the literal meaning of what the law says.
Agreement by a criminal defendant to plead guilty in return for a reduced sentence.
Opinion of the Court that results when a majority of the justices cannot agree on the rationale for a decision.
Practice of reaching decisions based on the previous decisions of other judges.
Redistricting to achieve equal numbers in legislative districts.
right to contract
Court-created right not explicitly in the Constitution that prohibited restrictions on labor contracts, such as minimum wages or maximum hours.
right to privacy
Constitutional right inferred by the Court that has been used to protect unlisted rights such as sexual privacy, reproductive rights, plus the rights to end life-sustaining medical treatment.
rule of four
Supreme Court rule that grants review to a case if as few as four of the justices support review.
Senate Judiciary Committee
Standing Senate committee charged with reviewing judicial affairs, including federal court nominations.
Informal norm allowing a senator of the president's party to block judicial appointments from that state.
Supreme Court doctrine that upheld segregation as long as there were equivalent facilities for blacks.
Official in the Justice Department who represents the president in federal court.
Requirement that a party bringing a lawsuit has suffered a harm that the law arguably protects.
Cases in which the courts have to determine what Congress meant by a statute.
Makes federal law supreme over state laws.
trial by jury
Method of placing the determination of issues of fact in a trial into the hands of fellow citizens.
unanimous consent agreement
Agreement among all 100 senators on how a bill or presidential nomination will be debated.
Liberal Supreme Court that made landmark decisions on equal protection, criminal procedure, and the right to privacy.
writ of certiorari
Request to the Supreme Court that it review a lower court case.
writ of habeas corpus
Right of individuals who have been arrested and jailed to go before a judge, who determines whether their detention is legal.
Recommended textbook explanations
Magruder's American Government (Florida Student Edition)
United States Government: Principles in Practice (Florida)
Luis Ricardo Fraga
United States Government: Our Democracy
Donald A. Ritchie, Richard C. Remy
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