Chapter 16 Terms Flashcards
The view that judges should decide cases strictly on the basis of the language of the laws and the constitution.
Judicial restraint approach
The view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances.
Activist approach
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.
Constitutional court
The lowest federal courts; federal trials can be held only here.
District courts
Federal courts that hear appeals from district courts; no trials.
Courts of appeals
Courts created by congress for specialized purposes whose judges do not enjoy the protections of Article 3 of the Constitution.
Legislative courts
An examination of the political ideology of a nominated judge.
Litmus test
Cases concerning the Constitution, federal laws, or treaties.
Federal-question cases
Cases involving citizens of different states who can bring suit in federal courts.
Diversity cases
An order by a higher court directing a lower court to send up a case for review.
Writ of certiorari
A method whereby a poor person can have his or her case heard in federal court without charge.
In forma pauperis
A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.
Fee shifting
The party that initiates a lawsuit.
Plaintiff
A legal rule stating who is authorized to start a lawsuit.
Standing
The rule that a citizen cannot sue the government without the government’s consent.
Sovereign immunity
