Chapter 16: The Judiciary

Judicial review

The right of the federal courts to declare any acts of government unconstitutional

Judicial restraint approach

View that judges should decide cases based strictly on the language of the Constitution

Activist approach

View that judges should decide cases based on the underlying principles of the Constitution

Constitutional court

Courts which exercise the judicial powers in Article III (serve during good behavior and their salary cannot be reduced while in office)

District courts

The lowest federal courts

Court of appeals

Federal courts that hear appeals from district courts

Legislative courts

Courts created by Congress for specialized purposes, whose judges don’t enjoy the protections of Article III. 

Litmus test

A test of ideological purity when nominating a judge

Federal-question cases

Cases regarding the Constitution, federal laws, or treaties

Diversity cases

Cases involving citizens of different states

Writ of certiorari

An order form a higher court directing a lower court to send a case up for review

In forma pauperis

Method where a poor person can have their case heard in federal court without a charge

Fee shifting

A rule that allows the plaintiff to recover costs from the defendant if the plaintiff wins

Plaintiff

The party which initiates the 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 consent of the government

Class-action suit

A case brought to court to not only help themselves but all others who are similarly affected

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

Amicus curiae

Brief from an interested party not directly involved in the suit

Per curiam opinion

A brief, unsigned court opinion

Opinion of the Court

Signed opinion of the majority

Concurring opinion

A signed opinion in which members agree with the majority view but for different reasons

Dissenting opinion

A signed opinion of those who disagree

Stare decisis

Allowing previous rulings to control the current case

Political question

An issue the Court will allow the executive and legislative branches to decide

Remedy

A judicial order enforcing a right or redressing a wrong