Chapter 15 Vocab Flashcards
Standing to sue
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 form another party or from government.
Class action suits
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances.
Justifiable disputes
Issues capable of being settled as a matter of law.
amicus curiae
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 resenting info not contained in official briefs.
Original jurisdiction
The jurisdiction of courts that hear a case first, usually in trial and determine facts.
Appellate jurisdiction
The jurisdiction of courts that hear cases brought to the lower courts.
District courts
The 91 federal courts of original jurisdiction; the only federal courts where there are trials and juries.
Court of appeals
Appellate courts are empowered to review all final decisions of district courts, except in rare cases. They also hear appeals to orders from many federal regulatory agencies.
Supreme court
The pinnacle of the American judicial system. It maintains supremacy in law.
Senatorial courtesy
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
Solicitor general
A presidential appointee and the third-ranking office in the Department of Justice.
Opinion
A statement of legal reasoning behind a judicial decision.
Stare decisis
A Latin phrase meaning “let the decision stand”. Many cases are settled on this ideal.
Precedent
How similar cases have been decided in the past.
Originalism
A view that the Constitution should be interpreted according to the original intentions or meaning of the Framers.
Judicial Implementation
How and whether court decisions are translated into actual policy, thereby affecting the behavior of others.
Marbury V. Madison
The 1803 case where john Marshall and associates asserted the right of the supreme court to interpret the Constitution; established judicial review.
Judicial Review
The power of the courts to determine whether acts of Congress and the President are in accordance with the U.S. Constitution.
Judicial Restraint
An approach to decision making in which judges play minimal policy-making roles and defer to legislatures whenever possible. (Typically Conservative)
Judicial Activism
AN approach to decision making in which judges sometimes make bold policy decisions, even charting new Congressional ground. (Typically Liberal)
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.
Statutory Construction
The judicial interpretation of an act of Congress. (can clarify interpretations)
McCulloch v. Maryland
Established the scope of “broad” powers of the federal government. Solidified federal law over state law.
Rule of four
Four justices have to be interested in the case for the Supreme Court to accept it.
Majority opinion
The official opinion of the Court’s decision in a case, and sets out the reasoning on which the decision is based and establishes a precedent.
Concurring opinion
Agrees with the majority opinion, but is made to emphasize a point that was not made in the majority opinion.
Dissenting opinion
Written by justices who do not agree with the Court’s majority opinion, may be used in future cases when reversing decisions.
