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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
women’s experiences
intersectionality & complex identities
implicit bias & male norms
double binds & dilemmas of difference
reproducing patterns of dominance
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