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Chapter 16
The Judiciary
| Term | Definition |
|---|---|
| Judicial Review | The power of courts to declare laws unconstitutional |
| 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 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. |
| Class-Action Suit | A case brought by someone to help both him- 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 Curiae | 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 opinion in which one or more members agree with the majority view but for different reasons. |
| Dissenting Opinion | A signed opinion in which one or more justices disagree with the majority view. |
| 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. |
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