Poli Sci Exam 3 Unit 16

Front 1

common law

Back 1

The accumulation of judicial decisions applied in civil law disputes.

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district courts

Back 2

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.

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slare decisis

Back 3

A Latin phrase meaning "let the decision stand". The vast majority of cases reaching appellate courts are settled on this principle.

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legislative courts

Back 4

Courts established by Congress for specialized purposes, such as the Court of Military Appeals. Judges who serve on these courts have fixed terms and lack the prtections of constitutional court judges.

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political questions

Back 5

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.

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United States v. Nixon

Back 6

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.

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judicial restraint

Back 7

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

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judicial implementation

Back 8

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.

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precedent

Back 9

How similar cases have been decided in the past.

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justiciable disputes

Back 10

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

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courts of appeal

Back 11

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.

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opinion

Back 12

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

Front 13

constitutional courts

Back 13

Lower federal courts of original jurisdiction created by Congress by the Judicial Act of 1789.

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original jurisdiction

Back 14

The 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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standing to sue

Back 15

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.

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senatorial courtesy

Back 16

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.

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Supreme Court

Back 17

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.

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appellate jurisdiction

Back 18

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.

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judicial activism

Back 19

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.

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solicitor general

Back 20

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

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original intent

Back 21

A view that the Constitution should be interpreted according to what the original framers meant. Many conservatives support this view.

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litigants

Back 22

The plaintiff and the defendant in a case.

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writ of certiorari

Back 23

A formal document issued from the Supreme Court to a lower federal or state court that calls up a case.

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statutory construction

Back 24

The judicial interpretation of an act of Congress. In some cases where this is an issue, Congress passes new legislation to clarify existing laws.

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civil law

Back 25

The body of law involving cases without a charge of criminality. It concerns disputes between two parties and consists of both statutes and common law.