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23 Cards in this Set
- Front
- Back
Standing to sue |
the requirement that plaintiffs have a serious interest i 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 |
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Class action suits |
lawsuits in which a small number of people sue on behalf of all people in similar circumstances
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Justiciable disputes |
issues capable of being settles as a matter of law
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Amicus curiae briefs |
"friend of the court", legal briefs submitted 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
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Original jurisdiction |
the jurisdiction of courts that hear a case first, usually in a trial , courts that determine the facts about a case
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Appellate jurisdiction |
the jurisdiction of courts that hear cases brought to them on appeal from lower courts, do not review the factual record on the legal issues involved
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District courts |
the 91 federal courts of original jurisdiction, the only federal courts in which trials are held and in which juries may be impaneled
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Courts of appeal |
appellate courts empowered to review all final decisions of district courts, except in rare cases, they also hear appeals to orders of many federal regulatory agencies
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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, has both original jurisdiction and appellate jurisdiction
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Senatorial courtesy |
an unwritten tradition whereby nomination 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
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Solicitor general |
a presidential appointee and the third-ranking office in the Department of Justice, in charge of appellate court litigation of the federal government
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Opinion |
a statement of legal reasoning behind a judicial decision, the content of opinion may be as important as the decision itself
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Stare decisis |
meaning "let the decision stand," most cases reaching appellate courts are settled on this principle
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Precedent |
how similar cases have been decided in the past
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Judicial implementation |
how and whether court decision are translated into actual policy, thereby affecting the behavior of others, the courts rely on other units of government to enforce their decisions
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Original intent |
the original understanding of the Constitution as it was intended at the time |
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Marbury v. Madision |
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
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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, established by John Marshall and his associates in Marbury v. Madison
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United States v. Nixon |
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Judicial restraint |
an approach to decision making in which judges play minimal policy making roles and defer to legislatures whenever possible
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Judicial activism |
an approach to decision making in which judges sometime make bold policy decision, even charting new constitutional ground
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Political questions |
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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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 |