Judiciary Flashcards
activist approach
The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances.
amicus curiae
A brief submitted by a “friend of the court.”
brief
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
class-action suit
A case brought by someone to help both himself or herself and all others who are similarly situated.
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.
courts of appeals
Federal courts that hear appeals from district courts; no trials.
dissenting opinion
A signed opinion in which one or more justices disagree with the majority view.
district court
The lowest federal courts; federal trials can be held only here.
diversity cases
Cases involving citizens of different states who can bring suit in federal courts.
federal-question cases
Cases concerning the Constitution, federal laws, or treaties.
fee shifting
A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.
in forma pauperis
A method whereby a poor person can have his or her case heard in federal court without charge.
judicial restraint approach
The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.
judicial review
The power of courts to declare laws unconstitutional.
legislative courts
Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.
