Judiciary Vocab

Activist Approach

The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances

Amicus Curiae

A brief submitted by a “friend of the court“

Brief

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

Class-action suit

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

Concurring opinion

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

Constitutional court

A federal court authorized by Article 3 of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (created by the Constitution) and appellate and district courts created by Congress

Courts of appeals

Federal courts that hear appeals from district courts; no trials

Dissenting opinion

a signed opinion in which one or more justices disagrees with the majority view

District courts

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

Diversity cases

cases involving citizens of different states who can bring suit in federal courts

Federal-question cases

cases concerning the Constitution, federal laws, or treaties

Fee shifting

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

In forma paupers

A method whereby a poor person can have his/her case heard in federal court without charge

Judicial Restraint Approach

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

Judicial Review

The power of courts to declare laws unconstitutional

Legislative courts

Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article 3 of the Constituiton

Litmus Test

An examination of the political ideology of a nominated judge

Opinion of the Court

A signed opinion of a majority of the Supreme Court

Per curiam opinion

a brief, unsigned court opinion

Plaintiff

The party that initiates a lawsuit

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

Sovereign immunity

the rule that citizens cannot sue the government without the government’s consent

Standing

A legal rule stating who is authorized to start a lawsuit

Stare decisis

“let the decision stand,“ or allowing prior rulings to control the current case

Writ of certiorari

an order by a higher court directing a lower court to send up a case for review