Law
This term emphasizes that Judges can shape case outcomes through procedural rulings (e.g., case management)
Procedural Effects
Refers to coordinated campaigns to defeat a Supreme Court nominee through intense public criticism
Borking (I will accept Getting Borked)
This type of court handle specialized matters (traffic, probate, small claims) to improve efficiency.
Limited-Jurisdiction Courts
This term describes the power to decide which issues receive judicial attention
Agenda-Setting
Voters often use a judge’s ________ to infer impartiality, which can lead to prioritizing _______ alignment over constitutional fidelity.
Partisanship
________ courts address legal, not factual, issues.
Appellate Courts
This emphasizes that the President selects federal judges (including Supreme Court justices) with Senate “advice and consent.”
Presidential Nomination
These types of court focus on specific populations or issues (e.g., drug courts, mental‑health courts) and emphasize rehabilitation.
Specialty and Problem-Solving Courts
This term emphasizes that decisions are driven mainly by judges’ personal policy preferences and ideology; political polarization has heightened its relevance.
Attitudinal Model
This model emphasizes that judges base decisions on history, statutory text, and precedent, minimizing personal bias.
Legal Model
This term emphasizes that judges should avoid ruling based solely on popular passions or turning courts into political bodies.
Judicial Restraint
This term emphasizes that agreement among justices (unanimous or near‑unanimous decisions) enhances legitimacy.
Internal Cohesion
Authority to review lower‑court decisions.
Appellate Jurisdiction
This term describes that at least four justices must agree to grant a writ of certiorari.
Rule of Four
This model emphasizes that judges adjust their behavior to achieve policy goals while considering the actions of other actors (other judges, the legislature, the executive). Applies to appellate and Supreme Courts.
Mediation and arbitration modes of negotiation that provide non‑litigious pathways to settle disputes.
Alternative Dispute Resolution (ADR)
A request that the Supreme Court review a lower‑court decision.
Writ of Certiorari
The authority of a court to hear and decide a dispute and to enforce its ruling.
Jurisdiction
This term describes that courts may refuse to decide issues they deem delegated to Congress or the President; the doctrine has evolved over time.
Political Question Doctrine (I will accept Political Question)
Remove direct partisan elections; expert panels recommend candidates to governors, who then appoint judges subject to retention votes.
Merit-Based Selection Plan (I will accept Merit Plan)
Judges rely on past decisions, reflecting a collective sense of fairness.
Precedent
This terms describes that the Court must anticipate reactions from the executive and legislative branches.
External Cohesion
Highest court; has both original and appellate jurisdiction and makes the final call on constitutional questions and conflicts in federal law.
Supreme Court
This doctrine emphasizes that the Court should strike down only the offending portion of a law, preserving the rest.
Narrowest Grounds Doctrine
Established federal district courts and the Supreme Court, gave federal courts jurisdiction over federal law and interstate disputes, and (incorrectly) attempted to expand the Supreme Court’s original jurisdiction via Section 13.
Judiciary Act of 1789