Chapter 16 Flashcards
Jurisdiction of courts that hear a case first, usually in trial. these are the courts that determine the facts about a case
Original jurisdiction
An un-written tradition where nominations for a state level federal judicial posts are not confirmed if they are apposed by a senator
Senatorial Courtesy
The Jurisdiction of courts that hear cases brought to them on appeal from lower courts. these courts do not review the factorial record, only legal issues
Appellate Jurisdiction
The judicial interpretation of an act of congress. in some cases where this is an issue
Statutory Construction
Legal briefs submitted by “ friends of the court”
Amicus Curiae Briefs
1803 Chief Justice Marshall first asserted the right of the supreme court to determine the meaning of the constitution
Marbury v Madison
for a case to be heard it must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
Justiciable disputes
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
How similar cases have been decided in the past
Precedent
The principal of the American Judicial System.
Supreme Court
Let the decision stand
Stare Decisis
A Judicial philosophy in which judges make bold policy decisions
Judicial Activism
1974 case supreme court unanimously held that the doctrine of executive privileged was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
US v Nixion
The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained direct substation injury or are likely to from a party.
Standing to sue
A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principly those involving conflicts between the president and congress
Political questions
A judicial philosophy in which judges play minimal policy making roles
Judicial restraint
91 federal courts of original jurisdiction. They are the only federal courts in which trials held and in which jurys may be implanted
District Courts
A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself
Opinion
A view that the constitution should be interpreted according to - of the framers
Original intent
The power of court to determine whether an act of congress is in accord with the constitution
judicial review
a presidential appointee and the third ranking office of dept of justice
Solicitor
How and whether court decisions are translated into actual policy , thereby affecting the behavior of others. The courts rely on other units of government to enforces their decisions.
Judicial implementation
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
Class Action Suits
