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26 Cards in this Set
- Front
- Back
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judicial review
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the right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution
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strict-constructionist approach
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holds that judges should only judge
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activist approach
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argues that judges should discover the general principles underlying the Constitution and its often vague language, amplify those principles on the basis of some moral or economic philosophy, and apply them to cases
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constitutional court
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one exercising the judicial powers found in Article III of the Const. are therefore its judges are given constitutional protection
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district courts
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the lowest federal courts where federal cases begin
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courts of appeals
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the fed. courts with authority to review decisions by federal district courts, regulatory commissions and certain other federal courts
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legislative court
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one set up by Congress for some specialized purposed and staffed with people who have fixed terms of office and can be removed or have their salaries reduced.
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litmus test
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a test of ideological purity
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federal-question cases
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cases concerning the Const., federal law, or treaties over which the federal courts have jurisdiction as described in the const.
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diversity cases
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cases involving citizens of different states over which the federal courts have jurisdiction as described in the Const.
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writ of certiorari
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made more certain; an order issued by a higher court to a lower court to send up the record of a case for review
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in forma pauperis
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a procedure whereby a poor person can file and be heard in court as a pauper, free of charge
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fee shifting
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getting someone else to pay for court
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plaintiff
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the party that initiates the suit
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standing
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a legal concept that refers to who is entitled to bring a case
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soverign immunity
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a oerson cannot sue the government itself without its consent
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class-action suit
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a case brought into court by a person on behalf not only of himself or herself but of all other persons in similar circumstances
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brief
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a document that sets forth the facts of the case, summarizes the lower-court decision, gives the arguments for the side represented by the lawyer who wrote the brief, and discusses the other cases that the court has decided bear on the issue
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amicus curiae
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friend of the court
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per curiam opinion
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written, unsigned opinion explaing the court's decision
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opinion of the court
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reflects the majoirty's view
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concurring opinion
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an opinion by one or more justices who agree with the majority's conclusion but for different reasons that they wish to express
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dissenting opinion
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the opinion of the justices on the losing side
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stare decisis
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an informal rule of judicial decions making meaning let the decision stand
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political question
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an issue that the supreme court refuses to consider because it believes the const. has left it entirely to another branch to decide.
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remedy
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a judicial order setting forth what must be done to correct a situation that a judge believes to be wrong
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