Chapter 15- The Federal Courts Flashcards
standing to sue
Federal courts may exercise power only “in the last resort, and as a necessity”. It is a requirement that plaintiffs have a serious interest in a case.
class action suits
when a small group of people sue for a general population with similar issues.
justiciable disputes
Issues capable of being resolved through legal methods.
original jurisdiction
The authority of courts to hear the case first (trials). They determine the facts about the case.
appellate jurisdiction
The authority of these courts involved receiving the case from the lower courts and dealing with the LEGAL issues( no hearings).
district courts
The 91 federal courts with original authority, they are the only courts in which trails are held and where juries can be enrolled.
courts of appeals
These are appellate courts that review the final decisions of district court cases. They also hear appeals to orders of federal regulatory agencies.
Supreme Court
The alpha of the judicial system! Interprets laws, resolves conflicts among states, and maintains nat’l supremacy in law. Has both appellate and original jurisdiction.
senatorial courtesy
a tradition where in which federal judge nominations are not confirmed if the senate rejects them. Also applies to the court of appeals when a senator does not agree.
solicitor general
The 3rd ranking in the Department of Justice (appointed by the pres). Is in charge of the appellate court litigation of the fed gov’t.
opinion
The facts behind the judicial decision, it can be as important as the decision itself.
stare decisis
{LATIN} - “let the decision stand”. Most cases reaching appellate courts are settled like this.
precedent
How similar cases have been decided in the past
originalism
The idea that the Constitution should be followed according to its original intentions, not altered or changed in any way. Conservatives are more likely to support this.
judicial implementation
How they decide to implement the court decisions into the law, the courts rely highly on other units of gov’t to enforce their decisions.
