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GAP Judicial Test
| Term | Definition |
|---|---|
| Writ of certiorari | "made more certain." An order issud by a higher court to a lower court to send up the record of a case for review. Issued when at least four of the nine justices feel that the case should be reviewed. |
| Supreme Court's stance on political issues | |
| Marshall Court | |
| Warren Court | |
| Burger court | |
| Rehnquist court | |
| Brief | A document stating the facts and points of law of a client's case. |
| Amicus curiae briefs | "a friend of the court" Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arguments in support of one side. |
| Opinions | |
| IFP petitions | "in the form of a pauper" referring to a party lawsuit who gets filing fees waived by filing a statement, often in the form of an affidavit, declaring the inability to pay |
| Stare decisis | "let the decision stand" The practice of basing judicial decisions on precedents established in similar cass decided in the past |
| How can Congress influence the Supreme Court? | |
| Per curiam | A brief, unsigned opinion issued by the Supreme Court to explain its ruling |
| Judicial Review | The power of the courts to declare acts of the legislature and of the executive to be unconsitutional and hence null and void |
| Marbury v Madison | Implemented Judicial Review |
| Structures of the Federal Courts | |
| Dual Sovereignty | |
| Solicitor General | Appointed by the President to assist the Attorney General and supervise and conduct government litigation in the US Supreme Court |
| Original Jurisdiction | The authority of a court to try a case, as distinguished from appellate jurisdiction to hear appeals from trial judgements |
| Appellate Jurisdiction | The power of a higher court to review and revise a lower court's decision |
| Supreme courts' original jurisdiction | |
| Litmus Test | A test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on a controversial question |
| Article III Specifics | |
| Senatorial Courtesy | A custom in the US Senate by which the president consults a senior US senator of his political party of a given state before nominating any person to a federal vacancy within that senator's state |
| SCOTUS dependence on the Executive | |
| Professional experience backgroud of most Scotus judges | |
| Judicial Activism | Judges make policy decisions and interpret the Constitution in new ways |
| Loose interpretation | The view that the judges should discern the genearl principles underlying the Consitution and its often vague language and assess how best to apply them in contemporary circumstances |
| Judicial Restraint | A policy in which judges play minimal policy-making roles, leaving policy decisions to the other two branches |
| Strict constructionists | The view that judges should decide cases on the basis of the language of the Constitution |
Created by:
AlanaR
Popular American Government sets