Ch. 16 Federal Courts

Front 1

standing to sue

Back 1

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

Front 2

class action suits

Back 2

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

Front 3

justiciable disputes

Back 3

a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies

Front 4

amicus curiae briefs

Back 4

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 5

original jurisdiction

Back 5

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

Front 6

appellate jurisdiction

Back 6

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.

Front 7

district courts

Back 7

The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.

Front 8

courts of appeal

Back 8

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. Compare district courts.

Front 9

Supreme court

Back 9

The principle of the American Judicial System. The court ensures uniformity in interpreting national laws, resolves conflict among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction.

Front 10

Senatorial courtesy
 

Back 10

An unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from a senator of the president's party who is from the nominee's state.

Front 11

Solicitor general

Back 11

A presidential appointee and third-ranking office in the department of the Justice. The solicitor general is in charge of the appellate court litigation of the federal government.

Front 12

Opinion

Back 12

A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself

Front 13

Stare decisis

Back 13

A Latin phrase meaning "let the decision stand". Most cases reaching appellate courts are settled on this principle.

Front 14

 Precedents

 

Back 14

How similar cases have been declined in the past.

Front 15

Original intent

Back 15

A view that the constitution should be interpreted according to the original intent of the Framers. Many conservatives support this view.

Front 16

Judicial implementation

Back 16

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.