The right of the federal courts to declare any acts of government unconstitutional
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Judicial restraint approach
View that judges should decide cases based strictly on the language of the Constitution
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Activist approach
View that judges should decide cases based on the underlying principles of the Constitution
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Constitutional court
Courts which exercise the judicial powers in Article III (serve during good behavior and their salary cannot be reduced while in office)
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District courts
The lowest federal courts
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Court of appeals
Federal courts that hear appeals from district courts
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Legislative courts
Courts created by Congress for specialized purposes, whose judges don’t enjoy the protections of Article III.
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Litmus test
A test of ideological purity when nominating a judge
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Federal-question cases
Cases regarding the Constitution, federal laws, or treaties
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Diversity cases
Cases involving citizens of different states
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Writ of certiorari
An order form a higher court directing a lower court to send a case up for review
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In forma pauperis
Method where a poor person can have their case heard in federal court without a charge
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Fee shifting
A rule that allows the plaintiff to recover costs from the defendant if the plaintiff wins
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Plaintiff
The party which initiates the lawsuit
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Standing
A legal rule stating who is authorized to start a lawsuit
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Sovereign immunity
The rule that a citizen cannot sue the government without the consent of the government
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Class-action suit
A case brought to court to not only help themselves but all others who are similarly affected
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Brief
Document that sets forth the faces of the case, summarizes lower court decisions, gives the arguments for the side represented, and discusses the other cases that the Court has decided on this issue
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Amicus curiae
Brief from an interested party not directly involved in the suit
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Per curiam opinion
A brief, unsigned court opinion
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Opinion of the Court
Signed opinion of the majority
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Concurring opinion
A signed opinion in which members agree with the majority view but for different reasons
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Dissenting opinion
A signed opinion of those who disagree
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Stare decisis
Allowing previous rulings to control the current case
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Political question
An issue the Court will allow the executive and legislative branches to decide
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Remedy
A judicial order enforcing a right or redressing a wrong
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Flashcard (128)