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23 Cards in this Set

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  • Back
Standing to Sue
The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government.
Class Action Suit
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
Justiciable Disputes
A constraint on the courts, requiring that a case must be capable of being settled by legal methods.
Amicus Curiae Briefs
Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision.
Original Jurisdiction
The 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
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.
District Courts
The 91 federal courts of original jurisdiction. They are the only federal courts in which no trials are held and in which juries may be empanelled.
Courts of Appeal
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.
Supreme Court
The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.
Senatorial Courtesy
An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by the senator from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee’s state senator, if the senator belongs to the president’s party.
Solicitor General
A presidential appointee and the third-ranking office in the Department of Justice.
Opinion
A statement of legal reasoning behind a judicial decision.
Stare Decisis
A Latin phrase meaning “let the decision stand.” The vast majority of cases reaching appellate courts are settled on this principle.
Precedent
How similar cases have been decided in the past.
Original Intent
A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.
Judicial Implementation
How and whether court decisions are translated into actual policy, affecting the behavior of others. The courts rely on other units of government to enforce their decisions.
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.
Judicial Review
The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution.
United States v. Nixon
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions.
Judicial Restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that strictly to the legislatures.
Judicial Activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.
Political Question
A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.
Statutory Construction
The judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws.