Ch 16 Vocab Flashcards
Lawsuits permitting a small # of pol to sue on behalf of all other ppl similarly situated
Class action suits
Requirement that plaintiffs have serious interest in a case, which depends on whether they sustained or are likely to sustain a direct & substantial injury from a party or action of govt
Standing to sue
Requirement that to be heard a case must be capabke of being settled as a matter of lae rather than on other grounds as is commonly the case in legislative bodies
Justiciable disputes
Submitted by a “friend of the court” for raising additional points of view & presenting info not contained in briefs of formal parties
Amicus curiae briefs
Hears a case first, usually in trial. These are the courts that determine the facts about a case
Original jurisdiction
Hears cases brought to them on appeal from lower courts, dont review the factual record only the legal issues
Appellate jurisdiction
91 fed courts of original jurisdiction; only fed courts in which trials are held & in which juries may be impaneled
District courts
Appellate courts empoweres to rview all final decisions of district courts, except in rare cases. Also hear appeals to orders of many federal refulatory agencies
Courts of appeal
Pinnacle of Am judicial system; ensures uniformity in interpreting national laws, resolves conflicts among states, & maintains national supremacy in law; controls its own agenda
Supreme court
Unwritten tradition whereby state nominations for state level federal judicial posts arent confirmed if theyre opposed by a senator of pres.’s party from the state in which nominee will serve
Senatorial courtesy
Presidential appointee and the 3rd ranking office in the department of justice; in charge of appellate court litigation of federal govt
Solicitor general
Statement of legal reasoning behind a judicial decision
Opinion
“Let the decision stand”; most cases reaching appellate courts are settled on this principlep
Stare decisis
How similar cases have been decided in the past
Precedent
View that the const should bebinterpreted according to original intent of the framers
Original intent
First asserted the right of the supreme court to determine the meaning of us const. Est courts power of judicial review over a ts of congress
Marbury v madison
Power of court to determine whether acts of congress and by implication, the executive are in accord with the us const
Judicial review
SC unanimously held that the doctrine of executive privilege was implicit in the const but couldnt be extendes to protect docs relevant to criminal prosecutions
US v Nixon
Judges play minimal policymaking roles, leaving that duty strictly legislatures
Judicial restraint
Judges make bold policy decisions; advocates emphasize that the courts can correct pressing need
Judicial activism
Doctrine developed by federal courts and uses as a meanse to avoid deciding some cases principally those involving conflicts btwn the pres and congress
Political questions
Judicial ominterpretation of an act in congress. If its an issue, congress passes a new legislation to clarify existing laws
Statutoryconstruction