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
