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Chapter 16
The Judiciary
27
Political Studies
12th Grade
12/01/2011

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Cards

Term
activist approach
Definition
The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances.
Term
amicus curiae
Definition
A brief submitted by a “friend of the court.”
Term
brief
Definition
A written statement by an attorney that summarizes a case and the laws and rulings that support it.
Term
class action suit
Definition
A case brought by someone to help him or her and all others who are similarly situated.
Term
concurring opinion
Definition
A signed opinion in which one or more justices agree with the majority’s conclusion but for different reasons.
Term
constitutional court
Definition
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 are the Supreme Court (created by the Constitution) and appellate and district courts created by Congress.
Term
courts of appeals
Definition
Federal courts that hear appeals from district courts. No trials.
Term
dissenting opinion
Definition
A signed opinion in which one or more of the justices disagree with the majority view.
Term
district courts
Definition
The lowest federal courts; federal trials can be held only here.
Term
diversity cases
Definition
Cases involving citizens of different states who can bring suit in federal courts.
Term
dual sovereignty
Definition
A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law.
Term
federal question cases
Definition
Cases concerning the Constitution, federal laws, or treaties.
Term
fee shifting
Definition
A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins.
Term
in forma pauperis
Definition
A method whereby a poor person can have his or her case heard in federal court without charge.
Term
judicial review
Definition
The power of courts to declare acts of the legislature and the executive unconstitutional.
Term
legislative court
Definition
Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.
Term
litmus test
Definition
An examination of the political ideology of a nominated judge.
Term
opinion of the Court
Definition
A signed opinion of a majority of the Supreme Court.
Term
per curiam opinion
Definition
A brief and unsigned court opinion.
Term
plaintiff
Definition
The party that initiates a lawsuit.
Term
political question
Definition
An issue the Supreme Court will allow the executive and legislative branches to decide.
Term
remedy
Definition
A judicial order enforcing a right or redressing a wrong.
Term
sovereign immunity
Definition
The rule that a citizen cannot sue the government without the government’s consent.
Term
standing
Definition
A legal rule stating who is authorized to start a lawsuit.
Term
stare decisis
Definition
”Let the decision stand,” or allowing prior rulings to control the current case.
Term
strict constructionist approach
Definition
The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution.
Term
writ of certiorari
Definition
An order by a higher court directing a lower court to send up a case for review.
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