23 terms

ag 16

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
the party that initiates a lawsuit
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
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
act of correcting an error or a fault or an evil