Chapter 16: Section 1

Question 1

Judicial Review

Answer 1

The power of courts to declare laws unconstitutional.

Question 2

Judicial Restraint Approach

Answer 2

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

Question 3

Activist Approach

Answer 3

The view that judges should discern the real principles underlying laws or the Constitution and apply them to modern circumstances.

Question 4

Constitutional Court

Answer 4

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.

Question 5

District Courts

Answer 5

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

Question 6

Courts of Appeals

Answer 6

Federal courts that hear appeals from district courts; no trials.

Question 7

Legislative Courts

Answer 7

Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.

Question 8

Litmus Test

Answer 8

An examination of the political ideology of a nominated judge.

Question 9

Federal-Question Cases

Answer 9

Cases concerning the Constitution, federal laws, or treaties.

Question 10

Diversity Cases

Answer 10

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

Question 11

Writ of Certiorari

Answer 11

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

Question 12

In Forma Pauperis

Answer 12

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

Question 13

Fee Shifting

Answer 13

A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.