Judiciary Vocab

Judicial restraint approach

The view that judges should decide cases strictly on the basis of the language of the law and the Constitution

Activist approach

The view that judges should discern the general principles underlying laws of 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 include the Supreme Court (created by the Constitution) and appellate and district courts created by Congress.

District courts

The lowest federal courts; federal trials can be held only here

Court 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.

Senatorial courtesy

Tradition in the Senate of giving special consideration to the preferences of senators from the state where a federal judicial nominee is to serve

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 their case heard in federal court without charge

Feel 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

A rule that a citizen cannot sue the government without the government’s consent

Class-action suit

A case brought by someone to help both themselves and all others who are similarly situated

Brief

A written statement by an attorney that summarized 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 singed 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”; allowing prior rulings to control a 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