The Judiciary Vocabulary Flashcards Preview

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Flashcards in The Judiciary Vocabulary Deck (26)
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1
Q

activist approach

A

the view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances

2
Q

amicus curiae

A

a brief submitted by a “friend of the court”

3
Q

brief

A

a written statement by an attorney that summarizes a case and the laws and rulings that support it

4
Q

class action suit

A

a case brought by someone to help him or her and all others who are similarly situated

5
Q

concurring opinion

A

a signed opinion in which one or more justices agree with the majority’s conclusion but for different reasons

6
Q

constitutional court

A

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

7
Q

courts of appeals

A

Federal courts that hear appeals from district courts. No trials.

8
Q

dissenting opinion

A

a signed opinion in which one or more of the justices disagree with the majority view

9
Q

district courts

A

the lowest federal courts; federal trails can be held only here

10
Q

dual sovereignty

A

a doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law

11
Q

federal question cases

A

cases concerning the Constitution, federal laws, or treaties

12
Q

fee shifting

A

a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins

13
Q

in forma pauperis

A

a method whereby a poor person can have his or her case heard in federal court without charge

14
Q

judicial review

A

the power of the courts to declare acts of the legislature and the executive unconstitutional

15
Q

legislative court

A

Courts created by Congress for specialized purposes whose judges do not enjoy the protections of the Article III of the Constitution

16
Q

litmus test

A

an examination of the political ideology of a nominated judge

17
Q

opinion of the Court

A

a signed opinion of a majority of the Supreme Court

18
Q

per curiam opinion

A

a brief and unsigned court opinion

19
Q

plaintiff

A

the party that initiates a lawsuit

20
Q

political question

A

an issue that Supreme Court will allow the executive and legislative branches to decide

21
Q

remedy

A

a judicial order enforcing a right or redressing a wrong

22
Q

sovereign immunity

A

the rule that a citizen cannot sue the government without the government’s consent

23
Q

standing

A

a legal rule stating who is authorized to start a lawsuit

24
Q

stare decisis

A

“Let the decision stand,” or allowing prior rulings to control the current case

25
Q

strict constructionist approach

A

the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution

26
Q

writ of certiotati

A

an order by a higher court directing a lower court to send up a case for review