Chapter 16 - The Judiciary Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Judicial Review

A

The power of the courts to declare laws unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Activist Approach

A

The view that judges should not discern the general principles underlying the laws or the Constitution and apply them to modern circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Constitutional Court

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

District Courts

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Courts of Appeals

A

Federal courts that hear appeals from district courts; no trials

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Legislative Courts

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Litmus Test

A

An examination of the political ideology of a nominated judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Federal-Question Case

A

Cases concerning the Constitution, federal laws, or treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Diversity Cases

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Writ of Certiorari

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In Forma Pauperis

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fee Shifting

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Plaintiff

A

The party that initiates a lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Standing

A

A legal rule stating who is authorized to start a lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Sovereign Immunity

A

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

17
Q

Class-action suit

A

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

18
Q

Brief

A

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

19
Q

Amicus Curiae

A

A brief submitted by a “friend of the court”

20
Q

Per Curiam Opinion

A

A brief, unsigned court opinion

21
Q

Opinion of the Court

A

A signed opinion of a majority of the Supreme Court

22
Q

Concurring Opinion

A

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

23
Q

Dissenting Opinion

A

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

24
Q

Stare Decisis

A

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

25
Q

Political Question

A

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

26
Q

Remedy

A

A judicial order enforcing a right or redressing a wrong