A | B |
Judicial review | The right of federal courts to declare laws of Congress and acts of the excutive branch void and unenforceable if they are judged to be in conflict with the Constitution |
Strict-constructionist approach | The view that judges should decide cases on the basis of the language of the Constitution |
Activist Approach | The view that judges should discern the general principales underlying the Constitution and its often vague language and assesses how best to apply them in contempotory circumstances, in some cases with the guidence of moral or economic philosophy |
Constitutional court | A federal court established under article III of the Constitution. These judges may not be fired nor their salires be reduced while their in office. There are 94 district courts, and the most important is the court of appeals |
District Courts | The lower federal courts where federal cases begin. They are the only federal coutrs were trials are held. There are a total of 94 district courts in the countrey |
Courts of Appeals | The federal courts with authority to revie decisions by federal district courts, regulatory commisions, and certin other federal courts. There is a total of 12 courts of Appeals |
legislative court | A court that is created by Congress for some specilized purpose and staffted with judges who do not enjoy the protection of Artice III of the Constitution |
litmus test | a test of political ideology, a way of finding out if a person is liberal or consevitive |
federal-question cases | Cases concerning the constitution,federal law, or treaties over which the federal courts have jurisdiction as described in the Constitution |
diversity cases | Cases involving citizens of different states over which the federal courts have jurisdiction as decribed in the Constitution |
civil law | The body of rules defining relationships among private citizens |
criminal law | The body of rules defining offens that, though they harm an individual, are considered to be offenses against society as a whole and as a consequence warrant punishment by the name of society |
writ of certiorari | An order issued by a higher court to a lower court to send up the record of a case for review |
in forma pauperis | A procedure whereby a poor person can file and be heard in court as a pauper, free of charge |
free shifting | A law or rule that allows a plaintiff to collect its legal costs from the defendinet if the defendint loses |
plaintiff | The party that initiates a lawsuit to obtain a remedy for an injury to his or her rights |
standing | A legal concept establishing who is entilted to bring a lawsuit to court |
sovereign immunity | A doctrine thata citizen cannot sue the government without its consent |
class-action suit | A case brouht into the court by a person on behalf of not only himself but all other persons in the country under similar circumstances |
brief | A legal document prepared by an attorney representating a party before a court |
amicus curiae | Refers to intrested groups who may file legal briefs or make orl arguments in support of one side |
per curiam opinion | A brief, unsigned opinion issued by the supreme court to explain it's ruling |
opinion of the court | A supreme court opinion written by one or more of the justices iun the majority to explain the decision in the case |
concurring opinion | A supreme court opinion by one or more justices who agree with teh majority's conclusion but for different reasons. |
dissenting opinion | A supreme court opinion by one or more justicies in the minority to explain the minority's disagrement with the Court's rulling |
stare decisis | Is the practice of basing judicial decisions on precedents established in similar cases decided in the past |
political question | A issue that the Court refuses to cosider because it believes the Constitution has left it entiley to another branch to decide. It's view of such issues may change over time |
remedy | A judicial order preventing or redressing a wrong or enforcing a right |