Chapter 16: The Judiciary

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Judicial review

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26 Terms

1

Judicial review

The right of the federal courts to declare any acts of government unconstitutional

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2

Judicial restraint approach

View that judges should decide cases based strictly on the language of the Constitution

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3

Activist approach

View that judges should decide cases based on the underlying principles of the Constitution

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4

Constitutional court

Courts which exercise the judicial powers in Article III (serve during good behavior and their salary cannot be reduced while in office)

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5

District courts

The lowest federal courts

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6

Court of appeals

Federal courts that hear appeals from district courts

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7

Legislative courts

Courts created by Congress for specialized purposes, whose judges don’t enjoy the protections of Article III.

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8

Litmus test

A test of ideological purity when nominating a judge

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9

Federal-question cases

Cases regarding the Constitution, federal laws, or treaties

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10

Diversity cases

Cases involving citizens of different states

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11

Writ of certiorari

An order form a higher court directing a lower court to send a case up for review

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12

In forma pauperis

Method where a poor person can have their case heard in federal court without a charge

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13

Fee shifting

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

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14

Plaintiff

The party which initiates the lawsuit

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15

Standing

A legal rule stating who is authorized to start a lawsuit

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16

Sovereign immunity

The rule that a citizen cannot sue the government without the consent of the government

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17

Class-action suit

A case brought to court to not only help themselves but all others who are similarly affected

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18

Brief

Document that sets forth the faces of the case, summarizes lower court decisions, gives the arguments for the side represented, and discusses the other cases that the Court has decided on this issue

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19

Amicus curiae

Brief from an interested party not directly involved in the suit

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20

Per curiam opinion

A brief, unsigned court opinion

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21

Opinion of the Court

Signed opinion of the majority

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22

Concurring opinion

A signed opinion in which members agree with the majority view but for different reasons

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23

Dissenting opinion

A signed opinion of those who disagree

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24

Stare decisis

Allowing previous rulings to control the current case

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25

Political question

An issue the Court will allow the executive and legislative branches to decide

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26

Remedy

A judicial order enforcing a right or redressing a wrong

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