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Chapter 16
Vocabulary
25
Social Studies
12th Grade
12/20/2012

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Term
judicial review
Definition
the power of courts to declare laws unconstitutional
Term
judicial restraint approach
Definition
the view that judges should decide cases strictly on the basis of the language of the laws & the Constitution
Term
activist approach
Definition
the view that judges should discern the general principles underlying laws or the Constitution & apply them to modern circumstances
Term
district courts
Definition
the lowest federal courts; federal trials can be held only here
Term
courts of appeals
Definition
federal courts that hear appeals from district courts; no trials
Term
legislative courts
Definition
courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution
Term
litmus test
Definition
an examination of the political ideology of a nominated judge
Term
federal-question cases
Definition
cases concerning the Constitution, federal laws, or treaties
Term
diversity cases
Definition
cases involving citizens of different states who can bring suit in federal courts
Term
writ of certiorari
Definition
an order by a higher court directing a lower court to send up a case for review
Term
in forma pauperis
Definition
a method whereby a poor person can have his or her case heard in federal court without charge
Term
fee shifting
Definition
a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
Term
plaintiff
Definition
the party that initiates a lawsuit
Term
standing
Definition
a legal rule stating who is authorized to start a lawsuit
Term
sovereign immunity
Definition
the rule that a citizen cannot sue the government without the government's consent
Term
class-action suit
Definition
a case brought by someone to help him or her & all others who are similarly situated
Term
brief
Definition
a written statement by an attorney that summarizes a case & the laws & rulings that support it
Term
amicus curiae
Definition
a brief submitted by a "friend of the court"
Term
per curiam opinion
Definition
a brief, unsigned court opinion
Term
opinion of the court
Definition
a signed opinion of a majority of the Supreme Court
Term
concurring opinion
Definition
a signed opinion in which one or more members agree with the majority view but for different reasons
Term
dissenting opinion
Definition
a signed opinion in which one or more justices disagree with the majority view
Term
stare decisis
Definition
"let the decision stand," or allowing prior rulings to control the current case
Term
political question
Definition
an issue the Supreme Court will allow the executive & legislative branches decide
Term
remedy
Definition
a judicial order enforcing a right or redressing a wrong
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