Chapter 16 Flashcards
Remedy
A judicial order enforcing a right or addressing a wrong
Opinion of the court
A signed opinion of a majority of the Supreme Court
Concurring opinion
A signed opinion in which one or more members agree with the majority view but for different reasons
Dissenting opinion
A signed opinion in which one or more justices disagree with the majority view
Stare decisis
“Let the decision stand”or allowing prior rulings to control the current case
Amicus Curiae
A brief submitted by a “friend of the court”
Per Curiam opinion
A brief unsigned court opinion
Brief
A written statement By an attorney that summarizes a case and the laws and rulings that support it
Standing
A legal rule stating who is authorized to start a lawsuit
Sovereign immunity
The rule that a citizen cannot sue the government without the government consent
Class action suit
A case brought by someone to help both himself or herself and all others who are similarly situated
In forma pauperis
A method whereby a poor person can have his or her case heard in federal court without charge
Fee shifting
A rule that allows the plaintiff to recover costs from the defended if the plaintiff wins
Plaintiff
The party the initiate a lawsuit
Writ of certiorari
In order by a higher court directing a lower court to send up a case for review
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
Litmus test
An examination of the political ideology of anominated judge
District Court
The lowest federal courts; federal trials can be held only here
Courts of appeals
Federal courts that hear appeals from district courts; no trials
Legislative courts
Courts created by Congress for specialize purposes his judges do not enjoy the protections of article 3 of the Constitution
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
Activist approach
The view that judges should discern the general principles underlying laws of the constitution and apply them to modern circumstances
Judicial review
The power of courts to declare laws unconstitutional