Chapter 16 Flashcards
The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.
Judicial Restraint Approach
The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances.
Activist Approach
The lowest federal courts; federal trials can be held only here.
District Courts
Federal courts that hear appeals from district courts; no trials.
Courts of Appeals
Courts created by Congress for specialized purposes whose judges do not enjoy the protections is Article III of the Constitution.
Legislative Courts
An examination of the political ideology of a nominated judge.
Litmus Test
Cases concerning the Constitution, federal laws, or treaties.
Federal-question Cases
Cases involving citizens of different states who can bring suit in federal courts.
Diversity Cases
An order by a higher court directing a lower court to send up a case for review.
Writ of Certiorari
A method whereby a poor person can have his or her case heard in federal court without charge.
In Forma Pauperism
A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.
Fee Shifting
The party that initiates a lawsuit.
Plaintiff
A legal rule stating who is authorized to start a lawsuit.
Standing
The rule that a citizen cannot sue the government without the government’s consent.
Sovereign Immunity
A case brought by someone to help both himself or herself and all others who are similarly situated.
Class-action Suit
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
Brief
A brief submitted by a “friend of the court.”
Amicus Curiae
A brief, unsigned court opinion.
Per Curiam Opinion
A signed opinion of a majority of the Supreme Court.
Opinion of the Court
A signed opinion in which one or more members agree with the majority view but for different reasons.
Concurring Opinion
A signed opinion in which one or more justices disagree with the majority view.
Dissenting Opinion
“Let the decision stand,” or allowing prior rulings to control the current case.
Stare Decisis
An issue the Supreme Court will allow the executive and legislative branches to decide.
Political Question
A judicial order enforcing a right or redressing a wrong.
Remedy
The power of courts to declare laws unconstitutional.
Judicial Review
