wgss 370 exam 1

federalism

the division of power between national government and other, smaller state/regional governments to prevent an overpowered central government

circuit split

when two or more circuit courts interpret the same federal law differently

precedent

judges decide current cases based on previous rulings; the accumulation of precedent makes up common law

judicial review

the idea that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary; the power of the courts to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution

judicial activism (academic definition)

the willingness of a judge to strike down the action of another branch or to overturn judicial precedent

judicial activism (political usage)

implies that judges are making decisions based on their own political beliefs rather than faithfully interpreting the law

judicial activism (in a procedural sense)

when a judge’s decision resolves a legal issue unnecessary to the disposition of the case

judicial restraint

urges judges to refrain from deciding legal issues, particularly constitutional ones, unless the decision is necessary to the resolution of a dispute or the constitution has clearly been violated

originalism

Belief that the Constitution doesn’t change, interpreting based on plain text

evolutionism

interpreting the Constitution considering the values/purpose and applying to society today, keeping up with the times

tyranny of the majority

the Constitution doesn’t always consider the needs of minorities, and the majority may vote in ways that may hurt minorities that have less voting power

role of money in the legal system

people/organizations/etc can donate money to political candidates/figures that they feel would best represent their interests with the expectation of access to said figure

checks and balances

government set up to prevent singular branches from having too much power

standing

dispute must be actual & concrete (suffered real injury or will suffer an injury unavoidably and imminently) and the person suing has a genuine stake in the outcome of the case (has something to gain or lose in its resolution)

doctrine of mootness

a case must be active and unresolved for it to be accepted in court

androcentrism

rules designed to fit male needs, male social biographics, or male life experiences; the use of the male body as a standard/default

intersectionality

taking into account the different social positions of various subgroups of women and appreciating that some women may experience distinctive forms of discrimination or escape harm altogether as a result of these overlapping identities

double binds

situations in which options are reduced to very few and all of them expose one to penalty, censure, or deprivation; being forced to predict which less-than-ideal course of action will be the least hazardous

case law/common law

judge-made law, the sum total of all the cases decided by the appellate courts

statutory law

law passed by elected officials (local legislators pass state statutes, senators and representatives pass federal statutes)

constitutional law

rights carved out by state or federal constitutions

Lilly Ledbetter Fair Pay Act (what did it do? why was it passed?)

made it so that each discriminatory paycheck is a separate violation, thereby renewing the statute of limitations. it was passed to prevent cases such as Lilly Ledbetter’s from occurring in the future, as she was unable to get recourse because the statue of limitations had passed

6 factors judges consider when interpreting a law

text, history, traditions, precedent, purpose/values, consequences

stare decisis

the principle that precedent is binding on later cases, means “let the decision stand”

six opening moves in feminist legal theory

1. women’s experiences

2. intersectionality & complex identities

3. implicit bias & male norms

4. double binds & dilemmas of difference

5. reproducing patterns of dominance

6. unpacking choice

dilemma of difference

neither ignoring nor highlighting gender will necessarily translate into progress for women; taking gender into account can risk stigmatizing the group as different and inferior