Chapter 16 Flashcards
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 from a party or an action of government.
Standing to sue
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
Class action suits
A requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case is legislative bodies.
Justiciable disputes
Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. The briefs attempt to influence a court’s decision.
Amicus curiae briefs
Jurisdiction of courts that hear a case first, usually in trial. These are the courts that determine the facts above a case.
Original jurisdiction
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.
Appellate jurisdiction
The 91 federal courts if original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.
District courts
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.
Courts of appeal
The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.
Supreme Court
Unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve. The tradition also applies to courts if appeal when there is opposition from the nominee’s state senator.
Senatorial courtesy
A presidential appointee and the third-ranking office in the Department of Justice. The _____ ______ is in charge of the appellate court litigation of the federal government.
Solicitor general
A statement of legal reasoning behind a judicial decision. The content of an _____ may be as important as the decision itself.
Opinion
Latin phrase meaning “let the decision stand.” The vast majority of cases reaching appellate courts are settled on this principle.
Stare decisis
How similar cases have been decided in the past
Precedents
A view the constitution should be interpreted according to the _____ ____ of the framers. Many conservatives support this view.
Original intent
