• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/22

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

22 Cards in this Set

  • Front
  • Back
standing to sue
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
class action suits
lawsuits permitting a small number of people to sue on behalf of all ppl similarly situated
justiciable disputes
requirement that to be heard a case must be capable of being settled as a matter of law
amicus curiae briefs
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
original jurisdiction
jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case
appellate jurisdiction
jurisdiction of courts that hear cases from lower courts. They do not review the facts, only the legal issues involved.
district courts
91 federal courts of original jurisdiction. The only federal courts in which trials are held and in which juries may be enrolled
courts of appeal
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.
Supreme Court
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.
senatorial courtesy
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.
solicitor general
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
opinion
a statement of legal reasoning behind a judicial decision. the content of an opinion may be as important as the decision itself
stare decisis
"let the decision stand" most cases reaching appellate courts are settled on this principle
precedent
how similar cases have been decided in the past
judicial implementation
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
original intent
a view that the const should be interpreted according to the original intent of the Framers. supported by conservatives
Marbury v Madison
1803 case where John Marshall asserted the Supreme Court's right to judicial review and overode the Judiciary Act of 1789
judicial review
the power of the courts to declare an act of congress unconstitutional
judicial restraint
a judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
judicial activism
a judicial philosophy in which judges make bold decisions, even charting new const ground
political questions
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
statutory construction
the judicial interpretation of an act of congress. Sometimes when it is vague, congress passes new legislation to clarify existing laws