ChPter 16 Flashcards
Judicial restraint approach
The view that judges should decide cases strictly on the basis of the language of the law and the constitution
Activist approach
The view that judges should discern the general principles underlying laws of the constitution and apply them to modern circumstances
Constitutional court
A federal authorized by article three of the constitution that keeps judges in office during good behavior and prevents their salaries from being reduced and apallatte and districts court sin congress
District courts
The lowest federal court federal trials can only be held here
Courts of appeals
Federal,courts that hears the district appeals, no trials
Legislative courts
Courts created by congress for specialized purposes who’s judges are not protected by constitution act 3
Litmus tent
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 the citizens of different states who can bring suit in federal court
Writ of certiorari
An order from 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 cost from the defendant if the plaintiff wins
Plantiff
The party that insisted a law suit
Standing
A legal rule who is authorized to start a law suit
Sovereign immunity
The rule that a citizen cannot sue the government without the governments consent
Class action suit
A case brought by someone to help both himself or herself and all others who are similarly situated
Brief
A written statement by an attorney that summarizes a case and the laws and rulings that support it
Amicus curaie
A brief submitted by a friend of the court
Per curiam opinion
A brief, unsigned court opinion
Opinion of the court
A signed opinion of a majority of the Supreme Court
Concurring opinion
A signed opinions on which one or more members agree with the majority view but for different reasons
Stare decisis
“Let the decision stand”, or allowing prior rulings to control the current case
Political question
An issue the Supreme Court will allow the executive and legislative branches to decide
Remedy
A judicial order enforcing a right or redressing a wrong
Judicial review
The power of courts too declare laws unconstitutional
