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22 Cards in this Set
- Front
- Back
standing to sue
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requirements that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain injury from the defendant
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class action suits
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lawsuits permitting a small number of people to sue on behalf of all ppl similarly situated
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justiciable disputes
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requirement that to be heard a case must be capable of being settled as a matter of law
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amicus curiae briefs
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legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and attempt to influence a court's decision
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original jurisdiction
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jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case
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appellate jurisdiction
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jurisdiction of courts that hear cases from lower courts. They do not review the facts, only the legal issues involved.
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district courts
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91 federal courts of original jurisdiction. The only federal courts in which trials are held and in which juries may be enrolled
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courts of appeal
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appellate courts empowered to review all final decisions of district courts except in rare cases. They also hear appeals to orders of may federal regulatory agencies.
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Supreme Court
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top of judicial system. Ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. Has both original and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.
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senatorial courtesy
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unwritten tradition for state-level federal judicial posts where they are not confirmed if they are opposed by a senator of the pr's party from the nominee's state. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator.
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solicitor general
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a presidential appointee and the 3rd ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of fed gov
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opinion
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a statement of legal reasoning behind a judicial decision. the content of an opinion may be as important as the decision itself
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stare decisis
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"let the decision stand" most cases reaching appellate courts are settled on this principle
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precedent
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how similar cases have been decided in the past
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judicial implementation
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how and whether court decisions are translated into actual policy, thereby affecting the behavior of others. the courts rely on other units of government to enforce their decisions
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original intent
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a view that the const should be interpreted according to the original intent of the Framers. supported by conservatives
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Marbury v Madison
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1803 case where John Marshall asserted the Supreme Court's right to judicial review and overode the Judiciary Act of 1789
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judicial review
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the power of the courts to declare an act of congress unconstitutional
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judicial restraint
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a judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
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judicial activism
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a judicial philosophy in which judges make bold decisions, even charting new const ground
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political questions
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a doctrine developed by the fed courts and used as a means to avoid deciding some cases, principally those involving conflicts btwn the pr and congress
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statutory construction
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the judicial interpretation of an act of congress. Sometimes when it is vague, congress passes new legislation to clarify existing laws
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