Chapter 14: The Judiciary

judicial review

power of the Courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void

strict-constructionist approach

view that judges should decide cases on the basis of the language of the constitution

activist approach

view that judges should discern the general principles underlying the Constitution and its often vague language and assess how best to apply them in contemporary circumstances, in some cases with the guidance of moral or economic philosophy

constitutional court

federal court exercising the judicial powers found in Article III of the Constitution and whose judges are given constitutional powers; judges are appointed for life

district courts

lowest federal courts where federal cases begin

courts of appeals

federal courts with authority to review decisions by federal district courts, regulatory commissions, and certain other federal courts

legislative court

cour that is created by Congress for some specialized purpose and staffed with judges who do not enjoy the protection of Article III of the Constitution; judges are appointed for fixed terms

litmus test

test of ideological purity, way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on a controversial question

federal-question cases

cases concerning the Constitution, federal law, or treaties over which the federal courts have jurisdiction as described in the Constitution

diversity cases

cases involving citizens of different states over which the federal courts have jurisdiction as described in the Constitution

civil law

body of rules defining relationships among private citizens

criminal law

body of rules defining offenses against society as a whole and as a consequence warrant punishment by and in the name of society

writ of certiorari

(Latin: "made more certain") order issued by a higher court to a lower court to send up the record of a case for review

in forma pauperis

procedure whereby a poor person can file and be heard in court as a pauper, free of charge

fee shifting

law or rule that allows the plantiff to collect its legal costs from the defendant if the defendant loses

plantiff

party that initiates a lawsuit to obtain a remedy for an injury to his or her rights

standing

legal concept establishing who is entitled to bring a lawsuit to court

sovereign immunity

doctrine that a citizen cannot sue the government without its consent

class-action suit

case brought into court by a person on behalf of not only himself or herself but all other persons in the country under similar circumstances

brief

legal document prepared by an attorney representing a party before a court

amicus curiae

(Latin: "a friend of the court") refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arugments in support of one side

per curiam opinion

brief, unsigned opinion issued by the Supreme Court to explain its ruling

opinion of the Court

Supreme Court opinion written by one or more justices in the majority to explain the decision in a case

concurring opinion

Supreme Court opinion by one or more justices who agree with the majority's conclusion but for different reasons

dissenting opinion

Supreme Court opinion by one or more justices in the minority to explain the minority's disagreement with the Court's ruling

stare decisis

(Latin: "let the decision stand") practice of basing judicial decisions on precedents established in similar cases decided in the past

political question

issue that the Supreme Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide

remedy

judicial order preventing or redressing a wrong or enforcing a right

adversarial system

A system of justice in which advocates for opposing parties each do their best to present evidence and arguments to the benefit of their respective clients; presiding judges are neutral and passive.

equal justice, due process of law, adversarial system, presumption of innocence

underlying principles that make up legal system

due process

substantive: are the laws fair? determined by Bill of Rights and 14th amendment; prodedural: are laws fairly applied?

criminal law

type of law that deals with serious crimes that harm individuals or society; involves a grand jury, plea bargaining

civil law

type of law that results of disputes over things like contracts, property, custody of kids, or an issue of liability; involves settlements, preponderance of evidence, equity

federal district courts

91 of these hear cases of original jurisdiction of cases dealing with federal law

Federal circuit courts of appeal

hear cases on appeal from the district courts; decides issues of law-never issues of fact