Chapter 15 Vocab - Judicial System

Front 1

Standing to Sue

Class Action Suits

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 another party or from an action of government

-Lawsuits in which a small number of people sue on behalf of all people in similar circumstances

Front 2

Justiciable Disputes

Amicus Curiae Briefs

Back 2

-Issues capable of being settled as a matter of law.

-Legal briefs submitted by a "friend of the court" for the purpose of influencing a court's decision by raising additional points of view and presenting information not contained in the briefs of the formal parties

Front 3

Original Jurisdiction

Appellate Jurisdiction

Back 3

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

-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 4

District Courts

Courts of Appeals

Back 4

-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.

-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 agencies

Front 5

Supreme Court

Back 5

-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.

Front 6

Senatorial Courtesy

Back 6

-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 appeals when there is opposition from a senator of the president's party who is from the nominee's state

Front 7

Solicitor General

Opinion

Back 7

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

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

Front 8

Stare Decisis

Precedent

Originalism

Back 8

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

-How similar cases have been decided in the past.

-View that the Constitn should be interpreted according to the original intention or meaning of the Framers. View supported by conservatives

Front 9

Judicial Implementation

Marbury v. Madison (1803)

Back 9

-How and if court decsn are translated into actual policy, thus

affecting the behavior of others. The courts rely on other units of gov't to enforce their decsn.

-1803 case in which Chief Justice Marshall and his asscts first asserted the right of the SupCo to determine meaning of the US Const. The decsn estblsh the SupCo's power of judicial review over acts of Cong, in this case the Judiciary Act of 1789.

Front 10

Judicial Review

Judicial Restraint

Back 10

-The power of the courts to determine whether acts of Cong. and, by implication, the executive are in accord with the US Const. Judicial review was established by John Marshall and his assocts. in Marbury v. Madison

-An approach to decision making in which judges play minimal policy making roles and defer to legislators whenever possible

Front 11

Judicial Activism

Back 11

-An approach to decision making in which judges sometimes make bold policy decisions, even charting new Constitutional ground.

-A doctrine developed by the fedrl courts and used as a means to avoid deciding some cases, princplly cases w/ conflict b/n the pres. + Cong

Front 12

Statutory Construction

Back 12

-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.