Chapter 16 Flashcards
A policy or program that seeks to redress past discrimination through active measures to ensure equal opportunity
Affirmative action
Supreme Court with nine justices the 12 federal courts of appeal the Court of Appeals for the Federal Circuit the 94 District Court and 675 judges
The federal courts
The requirement that plaintiffs have a serious interest in a case; depending on whether they have sustained a direct injury from a party in case
Standing to sue
Deezer cases which permit a small number of people to see you on behalf of all other people similarly affected
Class action lawsuits
These are friend of the court briefs by non-litigants you wish to influence the courts decision by raising additional points of view
Amicus curiae
The jurisdiction of the courts that hear a case first usually in a trial these are the courts that determine the facts about a case
Original jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts
Appellate jurisdiction
The 94 federal courts of original jurisdiction
District courts
Appellate courts and power to review all final decisions of district courts except in rare cases
Courts of appeal
The highest court in the land
Supreme Court
An unwritten tradition whereby nominations for state-level federal judicial post or not confirmed if they are opposed by senator of the presidents party from which the state in which the nominee will serve or may reside
Senatorial courtesy
Presidential appointee in the Department of Justice responsible for choosing an argument cases before the Supreme Court on behalf of the US government
Solicitor general
A statement of legal reasoning behind a judicial decision
Opinion
From the Latin for “let the decision stand” this doctrine holds that judicial precedent has the force of law
Doctrine of Stare Decisis
How similar cases have been decided in the past
Precedent
The view that the Constitution should be interpreted according to the original intent of the framers of the constitution
Original intent
The process of amending decisions to the lower courts and others to be enforced and thereby converted into actual policy
Additional implementation
Supreme Court case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution
Marbury v. Madison
The power of the courts to determine whether acts of Congress and by implication the executive, are in accord with the constitution
Judicial review
Supreme court case in which the court unanimously held at the doctrine of executive privilege was implicit in the constitution but could not be extended to protect documents relevant to criminal prosecution
US. V. Nixon
Judicial philosophy in which judges play minimal policymaking roles
Judicial restraint
Judicial philosophy that advocate bold policy decisions to correct social and political problems
Judicial activism
Doctrine developed by the federal courts and used as a means to avoid deciding some cases principally those involving conflict between the president and Congress or between political parties
Political questions
The judicial interpretation of an act of Congress
Statutory construction
Formal document issued to a federal or State Court, that calls up a case to the Supreme Court
Writ of Certiorari
A legislative act that singles that an individual or group for punishment without trial
Bill of attainder
