Chapter 16

Question 1

Judicial restraint approach

Answer 1

View that judges should decide cases strictly on the basis of the language of the laws and the constitution

Question 2

Activist approach

Answer 2

View that judges should discern the general principles underlying laws or the constitution and apply to them to modern circumstances

Question 3

Consitutional court

Answer 3

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

Question 4

District courts

Answer 4

Lowest fed courts; fed trials can be held only here

Question 5

Courts of appeals

Answer 5

Fed courts that hear appeals from district courts; no trials

Question 6

Legislative courts

Answer 6

Courts created by congress for specialized purposes whose judges do not enjoy the protections of article III of the constitution

Question 7

Litmus test

Answer 7

Examination of the pol ideology of a nominated judge

Question 8

Federal-question cases

Answer 8

Cases concerning the constitution, fed laws, or treaties

Question 9

Diversity cases

Answer 9

Cases involving citizens of different states who can bring suit in fed courts

Question 10

Writ of certiorari

Answer 10

Order by a higher court directing a lower court to send up a case for review

Question 11

In forma pauperis

Answer 11

Method whereby a poor person can have his or her case heard in fed court without charge

Question 12

Fee shifting

Answer 12

Rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

Question 13

Plaintiff

Answer 13

Party that initiates a lawsuit

Question 14

Standing

Answer 14

Legal rule stating who is authorized to start a lawsuit

Question 15

Sovereign immunity

Answer 15

Rule that a citizen cannot sue the gov without the gov’s consent

Question 16

Class-action suit

Answer 16

Case brought by someone to help both him self or herself and all others who are similarly situated

Question 17

Brief

Answer 17

Written statement by an attorney that summarizes a case and the laws and rulings that support it

Question 18

Amicus curiae

Answer 18

Brief submitted by a “friend of the court”

Question 19

Per curiam opinion

Answer 19

Brief, signed court opinion

Question 20

Opinion of the court

Answer 20

Signed opinion of a majority of the Supreme Court

Question 21

Concurring opinion

Answer 21

Signed opinion in which one or more members agree w the majority view but for different reasons

Question 22

Dissenting opinion

Answer 22

Signed opinion in which one or more justices disagree w the majority view

Question 23

Stare decisis

Answer 23

“Let the decision stand”, or allowing prior rulings to control the current case

Question 24

Political question

Answer 24

Issue the Supreme Court will allow the executive and legislative branches to decide

Question 25

Remedy

Answer 25

Judicial order enforcing a right or redressing a wrong

Question 26

Judicial review

Answer 26

Power of courts to declare laws unconstitutional