Chapter 16 Flashcards
Strict-constructionist 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 federal court authorized by article 3 of the constitution that keeps judges in office during good behavior and prevents their salaries from being reduced
District courts
Lowest federal court. Federal trials can be held only here
Court of appeals
Federal courts that hear appeals from district courts
Legislative courts
Courts created by congress for specialized purposes whose judges do not enjoy the protections of article 3 of the constitution
Litmus test
An examination of the political ideology of a nominated judge
Federal question cases
Cases concerning the constitution, federal laws or treaties
Diversity cases
Cases involving citizens of different states who can bring suit in federal 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 federal 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 the lawsuit
Standing
A legal rule stating who is authorized to start a lawsuit
Sovereign immunity
The rule that a citizen cannot sue the government without the governments consent
Class action lawsuit
A case brought by someone to help him or her and all others who are similarly situated
Brief
A written statement by an attorney that summarizes a cases and the laws and rulings that support it
Amicus curie
A brief submitted by a “friend of the court”
Per Curium opinion
A brief, unsigned by court opinion
Opinion of the court
A signed opinion of a majority of the Supreme Court
Concurring opinion
A signed opinion in which one or more members agree with the majority view but for different reasons
Dissenting opinion
A signed opinion in which one or more justices disagree with the majority view
Stare decisis
“Let the decision stand” or allowing prior rulings to control the current case
Political question
An issue the Supreme Court will allow the executive and legislative brach decide
Remedy
A judicial order enforcing a right or redressing a wrong
Judicial review
The power of clues to declare laws unconstitutional
