Chapter 16 - The Judiciary

Question 1

Judicial restraint approach

Answer 1

The 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

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

Question 3

Constitutional court

Answer 3

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 4

District courts

Answer 4

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

Question 5

Courts of appeals

Answer 5

Federal 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

An examination of the political ideology of a nominated judge

Question 8

Federal - question cases

Answer 8

Cases concerning the Constitution, federal laws, or treaties

Question 9

Diversity cases

Answer 9

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

Question 10

Writ of certiorari

Answer 10

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

Question 11

in forma pauperis

Answer 11

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

Question 12

Fee shifting

Answer 12

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

Question 13

Plaintiff

Answer 13

The party that initiates a lawsuit

Question 14

Standing

Answer 14

A legal rule stating who is authorized to start a lawsuit

Question 15

Sovereign immunity

Answer 15

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

Question 16

Class-action suit

Answer 16

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

Question 17

Brief

Answer 17

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

Question 18

Amicus curiae

Answer 18

A brief submitted by a “friend of the court”

Question 19

Per curiam opinion

Answer 19

A brief, unsigned court opinion

Question 20

Opinion of the Court

Answer 20

A signed opinion of a majority of the Supreme Court

Question 21

Concurring opinion

Answer 21

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

Question 22

Dissenting opinion

Answer 22

A signed opinion in which one or more justices disagree with 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

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

Question 25

Remedy

Answer 25

A judicial order enforcing a right or redressing a wrong

Question 26

Judicial review

Answer 26

The power of courts to declare laws unconstitutional