Gov chapter 16 vocab

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28 Terms

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bloc voting

a pattern of voting behavior of two or more justices

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gang of fourteen

agreed to block filibusters unless there were “extraordinary circumstances”

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civil law

rules defining relationships among private citizens

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concurring opinion

a signed opinion which agrees with the majority view but for different reasons

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plaintiff

the party that initates a law suit

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dred scott v. sandford

a ruling that declared that negroes could not be federal citizens

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litmus test

an examination of the political ideology of a nominated judge

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solicitor general

an individual who represents the federal government before the supreme court

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per curiam opinion

an unsigned and typicallly brief court opinion

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fee shifting

the practice authorized by statutes, under which the plainitiff is enabled to collect costs from the defendent if the latter loses

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friday conference

the meeting at which the justices vote on cases that they have recently heard

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amicus curiae

a means by which one who has an interest in a case but is not directly involved can present arguements in favor of one side

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remedy

a judicial order enforcing a right or redressing a wrong

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class action suit

a means by which one who has been injured can bring action on behalf of all similarly situated

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in forma pauperis

a method whereby a poor person can have his or her case heard in federal court without charge

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judicial review

the power of the courts to determine the constitutionality of legislative and executive acts

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appellate jurisdiction

the scope of authority by which a higher court reviews a case from a lower court

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political question

an issue the court refuses to consider, believing the constitution intends another branch to make the decision

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sovereign immunity

the rule that a citizen cannot sue the government without the government’s consent

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standing

a requirement that must be satisfied before a plaintiff can have a case heard on its merits

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senatorial courtesy

a tradition under which the senate will defer to the judgement of a senator of the presidents’s party when determining the suitability of candidates for federal judgeship from the senator’s state

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criminal law

the body of rules defining offenses that considered to be offenses against society as a whole

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diversity case

litigation in which a citizen of one state sues a citizen of another state and the amount of money in dispute is more than $50,000

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constitutional court

a court established under article III of the constitution

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writ of certiorari

a decision that permits a case to be heard by the supreme court when four justices approve

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stare decisis

the rule of precedent

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activist approach

the idea that judges should amplify the vague language of the constitution on the basis of their moral or economic philosophy and apply it to the case before them

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judicial restraint

the idea that judges should confine themselves to applying those rules stated in or clearly implied by the language of the constitution