Chapter 16 Flashcards

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1
Q

Remedy

A

A judicial order enforcing a right or addressing a wrong

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2
Q

Opinion of the court

A

A signed opinion of a majority of the Supreme Court

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3
Q

Concurring opinion

A

A signed opinion in which one or more members agree with the majority view but for different reasons

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4
Q

Dissenting opinion

A

A signed opinion in which one or more justices disagree with the majority view

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5
Q

Stare decisis

A

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

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6
Q

Amicus Curiae

A

A brief submitted by a “friend of the court”

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7
Q

Per Curiam opinion

A

A brief unsigned court opinion

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8
Q

Brief

A

A written statement By an attorney that summarizes a case and the laws and rulings that support it

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9
Q

Standing

A

A legal rule stating who is authorized to start a lawsuit

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10
Q

Sovereign immunity

A

The rule that a citizen cannot sue the government without the government consent

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11
Q

Class action suit

A

A case brought by someone to help both himself or herself and all others who are similarly situated

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12
Q

In forma pauperis

A

A method whereby a poor person can have his or her case heard in federal court without charge

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13
Q

Fee shifting

A

A rule that allows the plaintiff to recover costs from the defended if the plaintiff wins

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14
Q

Plaintiff

A

The party the initiate a lawsuit

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15
Q

Writ of certiorari

A

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

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16
Q

Federal question cases

A

Cases concerning the constitution, federal laws, or treaties

17
Q

Diversity cases

A

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

18
Q

Litmus test

A

An examination of the political ideology of anominated judge

19
Q

District Court

A

The lowest federal courts; federal trials can be held only here

20
Q

Courts of appeals

A

Federal courts that hear appeals from district courts; no trials

21
Q

Legislative courts

A

Courts created by Congress for specialize purposes his judges do not enjoy the protections of article 3 of the Constitution

22
Q

Constitutional court

A

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. they are the Supreme Court (created by the constitution) and appellate and district courts created by Congress

23
Q

Activist approach

A

The view that judges should discern the general principles underlying laws of the constitution and apply them to modern circumstances

24
Q

Judicial review

A

The power of courts to declare laws unconstitutional

25
Q

Judicial restraint approach

A

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

26
Q

Political question

A

An issue the Supreme Court will allow the executive and legislative branches to decide