Ap Politics Chapter 16

Front 1

Amicus Curiae Briefs

Back 1

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

Front 2

Appellate Jurisdiction

Back 2

the jurisdiction of courts that hear cases brought to them from lower courts. these courts do not review the factual record, only the legal issues involved.

Front 3

Class Action Suits

Back 3

lawsuits permitting a small number of people to sue on behalf of all other people similarly situated

Front 4

Courts of Appeal

Back 4

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.

Front 5

District Courts

Back 5

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 empaneled.

Front 6

Judicial Activism

Back 6

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.

Front 7

Judicial implementation

Back 7

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.

Front 8

Judicial Restraint

Back 8

a judicial philosophy in which judges play minimal policymaking roles, leaving that strictly to the legislatures.

Front 9

Judicial Review

Back 9

the power of the courts to determine whether acts of Congress, and by implication of the executive, are in accord with the US Constitution. it was established by John Marshall and his associates in Marbury v. Madison.

Front 10

Justiciable Disputes

Back 10

a constraint on the courts, requiring that a case must be capable of being settled by the legal methods.

Front 11

Marbury v. Madison

Back 11

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 US Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

Front 12

Opinion

Back 12

a statement of legal reasoning behind a judicial decision.

Front 13

Original Intent

Back 13

a view that the Constitution should be interpreted according to the original intent of the framers.

Front 14

Original Jurisdiction

Back 14

the jurisdiction of courts that hear a case first, usually in trial. These are the courts that determine the facts about a case.

Front 15

Political Questions

Back 15

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.

Front 16

Precedent

Back 16

how similar cases have been decided in the past

Front 17

Senatorial Courtesy

Back 17

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.

Front 18

Solicitor General

Back 18

a presidential appointee and the third-ranking office in the Department of Justice. They are in charge of the appellate litigation of the federal government.

Front 19

Standing to sue

Back 19

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 or substantial injury from a party or an action of government.

Front 20

United States v. Nixon (1974)

Back 20

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 relevant to criminal prosecutions.