AP Gov: Judicial Branch

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23 Terms

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Judicial Review

The power of the courts to review and determine the constitutionality of laws or government actions.

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Marbury v. Madison

A landmark Supreme Court case that established the principle of judicial review in the United States.

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Judicial Restraint

A principle in constitutional law that encourages judges to limit their power and defer to the decisions of the legislative and executive branches.

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Judicial Activism

deciding a case based on the underlying principles of the Constitution

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Constitutional Court

Supreme Court and appellate and district courts created by Congress

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District Court

lowest federal court, federal trials are only held here  

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Courts of Appeals

federal courts that hear appeals from district courts  

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Legislative Courts

created by Congress, includes military appeals 

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Litmus test

term used to describe how a judge’s ideology is determined by the Senate

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Federal-question cases

Cases that involve a federal law or the interpretation of the U.S. Constitution.

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Diversity cases

Cases between parties from different states or countries, involving a certain amount of money in dispute.

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Writ of certiorari

An order by the Supreme Court to review a case from a lower court.

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In forma pauperis

A status that allows a person to proceed with a lawsuit without paying court fees due to financial hardship.

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Standing

The legal right to bring a lawsuit, requiring a party to have a sufficient stake or interest in the outcome.

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Sovereign immunity

The principle that the government cannot be sued without its consent.

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Class-action suit

A lawsuit brought by a group of individuals who have suffered similar harm or injury.

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Brief

A written legal document that presents arguments and legal authorities in support of a party's position.

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Amicus curiae

A brief filed by a person or organization who is not a party to the case but has an interest in the outcome.

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Opinion of the Court

The majority opinion that represents the decision and reasoning of the Supreme Court.

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Concurring opinion

An opinion written by a justice who agrees with the majority's decision but for different reasons.

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Dissenting opinion

An opinion written by a justice who disagrees with the majority's decision.

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Stare decisis

The principle of following precedent and adhering to previous court decisions.

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Strict Constructivism

A judicial philosophy that interprets the Constitution based on its original meaning and intent.