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American Gov. 9th ed
Chapter 14 vocab; Wilson & DiIlulio, Jr. Houghton Mifflin Company, Boston NY
| Term | Definition |
|---|---|
| Judicial Review | The power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void. |
| 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 principles underlying the Constitution and its often vague language and assess how best to apply them in contemporary circumstances, in some cases with the guidance of moral or economic philosophy. |
| Constitutional Court | A federal court exercising the judicial powers found in Article III of the Constitution and whose judges are given constitutional protection: they may not be fired (serve during "good behavior"), nor may their salaries be reduced while they are in office |
| District Courts | The lowest federal courts where federal cases begin. They are the only federal courts where trials are held. There are a total of ninety-four district courts in US and territories. |
| Courts of Appeals | The federal courts with authority to review decisions by federal district courts, regulatory commissions, and certain other federal courts. Such courts have no original jurisdiction; they can hear only appeals. 12 courts of appeals in US and territories |
| Legislative Court | A court that is created by Congress for some specialized purpose and staffed with judges who do not enjoy the protection of Article III of the Constitution. Includes the Court of Military Appeals and the territorial courts. |
| Litmus Test | The term is used in politics to mean a test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on a controversial question. |
| Federal-Question Cases | Cases concerning the Constitution, federal law, or treaties over which 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 described in the Constitution. |
| Civil Law | The body of rules defining relationships among private citizens. It consists of both statutes and the accumulated customary law embodied in judicial decisions (the common law). |
| Criminal Law | The body of rules defining offenses that, though they harm an individual (such as murder, rape, and robbery), are considered to be offenses against society as a whole and as a consequence warrant punishment by and in the name of society. |
| writ of certiorari | Latin term:"made more certain" An order issued by a higher court to a lower court to send up the record of a case for review. Most Supreme Court cases went through this, issued when at least four of the nine justices feel that the case should be reviewed. |
| in forma pauperis | A procedure whereby a poor person can file and be heard in court as a pauper, free of charge |
| Fee Shifting | A law or rule that allows the plaintiff (the party that initiates the lawsuit) to collect its legal costs from the defendant if the defendant 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 entitled to bring a lawsuit to court. For example, an individual must ordinarily show personal harm in order to acquire standing and be heard in court. |
| Sovereign Immunity | A doctrine that a citizen cannot sue the government without its consent. By statute Congress has given its consent for the government to be sued in many cases involving a dispute over a contract or damage done as a result of negligence. |
| Class-Action Suit | A case brought into court by a person on behalf of not only himself or herself but all other persons in the country under similar circumstances. Ex: Brown v. Board of Education of Topeka, Kansas |
| Brief | A legal document prepared by an attorney representing a party before a court. The document sets forth the facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases. |
| amicus curiae | Latin term: "a friend of the court" Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arguments in support of one side. |
| per curiam Opinion | A brief, unsigned opinion issued by the Supreme Court to explain its ruling. |
| Opinion of the Court | A Supreme Court opinion written by one or more justices in the majority to explain the decision in a case. |
| Concurring Opinion | A Supreme Court opinion by one or more justices who agree with the majority's conclusion but for different reasons. |
| Dissenting Opinion | A Supreme Court opinion by one or more justices in the minority to explain the minority's disagreement with the Court's ruling. |
| Stare decisis | Latin term:"let the decision stand" The practice of basing judicial decisions on precedents established in similar cases decided in the past. |
| Political Question | An issue that the Supreme Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide. Its views of such issues may change over time. |
| Remedy | A judicial order preventing or redressing a wrong or enforcing a right. |
| solicitor general | 3rd injustice dept; approves supreme court cases |
| section 1983 case | citizens can sue gov. for witholding constitutonal rights |
| dual sovereignty | doctrine holding that state and federal can prosecute for same conduct |
| marbury v madison | judicial review |
| mcculloch v maryland | limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was sup |
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