Ch 15- Judicial Branch

Question 1

standing to sue

Answer 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 substanitial injury from another party or from an action of government

Question 2

class action suits

Answer 2

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

Question 3

justiciable disputes

Answer 3

issues capable of being settled as a matter or law

Question 4

amicus curiae briefs

Answer 4

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

Question 5

original jurisdiction

Answer 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

Question 6

appellate jurisdiction

Answer 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

Question 7

district courts

Answer 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.

Question 8

courts of appeals

Answer 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

Question 9

Supreme Court

Answer 9

the pinnacle of the American judicial system. The Court ensures uniformly in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction

Question 10

senatorial courtesy

Answer 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 court of appeals when there is opposition from a senator of the president’s party who is from the nominee’s state

Question 11

solicitor general

Answer 11

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

Question 12

opinion

Answer 12

a statement or legal reasoning behind a judicial decision. The contest of an opinion may be as important as the declaration itself.

Question 13

stare decisis

Answer 13

a latin phrase meaning “let the decision stand”. Most cases reaching appellate courts are settled on this principle.

Question 14

precedent

Answer 14

how similar cases have been decided in the past

Question 15

originalism

Answer 15

a view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservatives support this view.

Question 16

judicial implementation

Answer 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

Question 17

Marbury v Madison

Answer 17

The 1803 case in which the Supreme Court asserted its right to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress.

Question 18

judicial restraint

Answer 18

an approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible

Question 19

judicial activism

Answer 19

an approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground

Question 20

political questions

Answer 20

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

Question 21

statutory construction

Answer 21

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.