Chapter 16- The Judiciary Flashcards
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
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 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
In forma pauperis
A method whereby a poor person can have his or her case heard in federal court without change
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 ruling stating who is authorized to start a lawsuit
Sovereign immunity
The rule that a citizen cannot sue the government without the government’s consent
Class action suit
A case brought by someone to help both himself or herself and all others who are similarly situated
