Chapter 15 Vocab

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 substantial injury form another party or from 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

Justifiable disputes

Answer 3

Issues capable of being settled as a matter of law.

Question 4

amicus curiae

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 resenting info not contained in official briefs.

Question 5

Original jurisdiction

Answer 5

The jurisdiction of courts that hear a case first, usually in trial and determine facts.

Question 6

Appellate jurisdiction

Answer 6

The jurisdiction of courts that hear cases brought to the lower courts.

Question 7

District courts

Answer 7

The 91 federal courts of original jurisdiction; the only federal courts where there are trials and juries.

Question 8

Court of appeals

Answer 8

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.

Question 9

Supreme court

Answer 9

The pinnacle of the American judicial system. It maintains supremacy in law.

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

Question 11

Solicitor general

Answer 11

A presidential appointee and the third-ranking office in the Department of Justice.

Question 12

Opinion

Answer 12

A statement of legal reasoning behind a judicial decision.

Question 13

Stare decisis

Answer 13

A Latin phrase meaning “let the decision stand”. Many cases are settled on this ideal.

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 meaning of the Framers.

Question 16

Judicial Implementation

Answer 16

How and whether court decisions are translated into actual policy, thereby affecting the behavior of others.

Question 17

Marbury V. Madison

Answer 17

The 1803 case where john Marshall and associates asserted the right of the supreme court to interpret the Constitution; established judicial review.

Question 18

Judicial Review

Answer 18

The power of the courts to determine whether acts of Congress and the President are in accordance with the U.S. Constitution.

Question 19

Judicial Restraint

Answer 19

An approach to decision making in which judges play minimal policy-making roles and defer to legislatures whenever possible. (Typically Conservative)

Question 20

Judicial Activism

Answer 20

AN approach to decision making in which judges sometimes make bold policy decisions, even charting new Congressional ground. (Typically Liberal)

Question 21

Political Questions

Answer 21

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 22

Statutory Construction

Answer 22

The judicial interpretation of an act of Congress. (can clarify interpretations)

Question 23

McCulloch v. Maryland

Answer 23

Established the scope of “broad” powers of the federal government. Solidified federal law over state law.

Question 24

Rule of four

Answer 24

Four justices have to be interested in the case for the Supreme Court to accept it.

Question 25

Majority opinion

Answer 25

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.

Question 26

Concurring opinion

Answer 26

Agrees with the majority opinion, but is made to emphasize a point that was not made in the majority opinion.

Question 27

Dissenting opinion

Answer 27

Written by justices who do not agree with the Court’s majority opinion, may be used in future cases when reversing decisions.