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