ag 16
Order by
23 terms
Terms | Definitions |
|---|---|
 judicial review | the power of the courts to declare laws unconstitutional |
| judicial restraint approach | the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution |
| activist approach | the view that judges should discern the general principles underlying laws or the constitution and apply them to modern circumstances |
| district courts | Lowest level of federal courts, where federal cases begin and trials are held. |
| courts 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 |
| 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 |
| 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 |
| soverign immunity | the right of a state to be free from lawsuit unless it gives permission to the suit. Under the 11th Amendment, all states are considered sovereign |
| class action suit | a case brought by someone to help him or her 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" |
| per curiam opinion | a brief, unsigned court opinion |
| opinion of the court | a signed opinion of a majority of the supreme court |
| dissenting opinion | A signed opinion in which one or more of the justices disagree with the majority view. |
| stare decisis | Let the decision stand; decisions are based on precedents from previous cases |
| political question | an issue the Supreme Court will allow the executive and legislative branches decide |
| remedy | act of correcting an error or a fault or an evil |
First Time Here?
Welcome to Quizlet, a fun, free place to study. Try these flashcards, find others to study, or make your own.