Chapter 8- The Judiciary

Judicial Review

The power of courts to declare laws unconstitutional

Judicial Restraint

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

Activity Approach

The view that judges should discern the general principles underlying laws or 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. They are the Supreme Court.

District Courts

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

Courts of Appeal

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

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 his or her case heard in federal court without charge

Fee 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

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

Class Action Suit

A case brought by someone to help both him or herself and all others who are similarly situated

Brief

A written statement by an attorney that summarizes a case and the laws and rulings that support it

Amicus Curiae

A brief submitted by a “friend of the court”

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

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 signed 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