Chapter 16 Flashcards
Judicial restraint approach
View that judges should decide cases strictly on the basis of the language of the laws and the constitution
Activist approach
View that judges should discern the general principles underlying laws or the constitution and apply to them to modern circumstances
Consitutional court
Federal 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 (created by the constitution) and the appellate and district courts created by congress
District courts
Lowest fed courts; fed trials can be held only here
Courts of appeals
Fed courts that hear 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
Examination of the pol ideology of a nominated judge
Federal-question 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
Order by a higher court directing a lower court to send up a case for review
In forma pauperis
Method whereby a poor person can have his or her case heard in fed court without charge
Fee shifting
Rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
Plaintiff
Party that initiates a lawsuit
Standing
Legal rule stating who is authorized to start a lawsuit
Sovereign immunity
Rule that a citizen cannot sue the gov without the gov’s consent
Class-action suit
Case brought by someone to help both him self or herself and all others who are similarly situated
Brief
Written statement by an attorney that summarizes a case and the laws and rulings that support it
Amicus curiae
Brief submitted by a “friend of the court”
Per curiam opinion
Brief, signed court opinion
Opinion of the court
Signed opinion of a majority of the Supreme Court
Concurring opinion
Signed opinion in which one or more members agree w the majority view but for different reasons
Dissenting opinion
Signed opinion in which one or more justices disagree w the majority view
Stare decisis
“Let the decision stand”, or allowing prior rulings to control the current case
Political question
Issue the Supreme Court will allow the executive and legislative branches to decide
