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