16 Flashcards
judicial restraint approach
the view that judges should decide cases strictly on the basis of the language of the laws and the constitution
activist approach
the view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances
constitutional court
a fed court authorized by article III of the constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. they are the supreme court and appellate and district courts created by congress
district courts
the lowest fed courts; fed trials can be held only here
courts of appeals
fed courts that head appeals from district courts, no trials
legislative courts
courts created by congress for specialized purposes whose judges do not enjoy the protections of article III of the constitution
litmus test
an exam of the political ideology of a nominated judge
fed-questions cases
cases concerning the constitution, fed laws, or treaties
diversity cases
cases involving citizens of different states who can bring suit in fed courts
writ of certiorari
an order by a higher court directing a lower court to send up a case for review
in forma pauperis
a method whereby a poor person can have his or her case heard in fed court without charge
fee shifting
a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
plaintiff
the party that initiates a lawsuit
standing
a legal rule stating who is authorized to start a lawsuit
sovereign immunity
the rule that a citizen cannot sue the gov without the gov’s consent
