Views and Types of Opinion
the view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
Activist Approach
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
Constitutional Court
cases concerning the Constitution, federal laws, or treaties
Federal-question Cases
Allows the court to determine the constitutionality of laws
Judicial Review
One who begins a lawsuit
Plaintiff
the view that judges should decide cases strictly on the basis of the language of the laws and the Constitution
judicial restraint approach
the lowest federal courts; federal trials can be held only here
District Court
cases involving citizens of different states who can bring suit in federal courts
Diversity Cases
A formal writ used to bring a case before the Supreme Court.
Writ of Certiorari
A written statement by an attorney that summarizes a case and the laws and rulings that support it
Brief
a brief, unsigned court opinion
Per Curiam Opinion
Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.
Courts of Appeal
A case brought by someone to help him or her and all others who are similarly situated
Class Action Suit
A method whereby a poor person can have his or her case heard in federal court without charge
In Forma Pauperis
a brief submitted by a "friend of the court"
Amicus Curiae
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
Dissenting Opinion
Courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution
Legislative Courts
a lawsuit that usually deals with contracts and/or torts
Civil Case
a rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins
Fee Shifting
An issue the Supreme Court will allow the executive and legislative branches decide
Political Question
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Concurring Opinion
ordinarily an inferior trial-level court; appeals are heard by superior courts possessing the requisite jurisdiction
Circuit Court
A case when a person suspected of a crime is indicted by a grand jury or otherwise charged with the offense by a government official, called a prosecutor or district attorney
Criminal Case
a legal rule stating who is authorized to start a lawsuit
Standing
a judicial order enforcing a right or redressing a wrong
Remedy