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Ch16 Judiciary
Question | Answer |
---|---|
the power of courts to declare laws unconstitutional | judicial review |
the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution | judicial restraint approach |
the view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances | activist approach |
the lowest federal cours; federal trials can be held only here. | district courts |
federal courts that hear appeals from district courts; no trials | courts of appeals |
courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution. | legislative courts |
an examination of the political ideology of a nominated judge | litmus test |
cases concerning the Constitution, federal laws, or treaties. | federal-question cases |
cases involving citizens of different states who can bring suit in federal courts | diversity cases |
an order by a higher court directing a lower court to send up a case for review | writ of certiorari |
a method whereby a poor person can have his or her case heard in federal court without charge. | in forma pauperis |
a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins. | fee shifting |
the party that initiates the lawsuit. | plaintiff. |
a legal rule stating who is authorized to start a lawsuit. | standing |
the rule that a citizen cannot sue the government without the government's consent. | sovereign immunity |
a case brought by someone to help him or her and all others who are similarly situated. | class-action suit. |
a written statement by an attorney that summarizes a case and the laws and rulings that support it. | brief |
a brief submitted by a "friend of court". | amicus curiae |
a brief, unsigned court opinion. | per curiam opinion |
a signed opinion of a majority of the Supreme Court. | opinion of the court |
a signed opinion in which one or more members agree with the majority view but for different opinions. | concurring opinion |
a signed opinion in which one or more justices disagree with the majority view. | dissenting opinion |
"Let the decision stand", or allowing prior rulings to control the current case. | stare decisis |
an issue the Supreme Court will allow the executive and legislative branches to decide. | political question |
a judicial order enforcing a right or redressing a wrong | rememdy |
first black Supreme Court justice | Thurgood Marshall |