The Judiciary Vocabulary 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 him or her and all others who are similarly situated
concurring opinion
a signed opinion in which one or more justices agree with the majority’s conclusion but for different reasons
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 of the justices disagree with the majority view
district courts
the lowest federal courts; federal trails can be held only here
dual sovereignty
a doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law
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 review
the power of the courts to declare acts of the legislature and the executive unconstitutional
legislative court
Courts created by Congress for specialized purposes whose judges do not enjoy the protections of the Article III of the Constitution
