Chapter 16: The Courts Flashcards
The requirement that plaintiffs have 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’ve capable of being settled as a matter of law.
Justiciable disputes
Legal briefs submitted by a friend of the court for the purpose of raising additional points of view. These Briefs attempt to influence the courts decision.
Amicus cruise briefs
The authority to hear cases for the first time.
original jurisdiction
The authority of a court I review decisions made by lower courts.
Appellate jurisdiction
Lowest level of federal courts.
District courts
Appellate courts empowered to review all final decisions of district courts, except on rare cases.
Courts Of appeal
The highest court
The Supreme Court
Presidential custom of submitting names of prospective appointees for approval to senators from the states in which the appointees work.
Senatorial courtesy
Law officer appointed to assist an attorney general.
Solicitor generala
The reason for a courts judgement( as opposed to decision)
Opinion
Let the decision stand; decisions are based on precedents from previous cases.
Stare decisis
An example that is used to justify similar occurrences at a later time.
Precedent
How and whether court decisions are translated int actual policy, thereby affecting the behavior of others.
Judicial implementation
A view that the constitution should be interpreted according to the original Intent of the framers.
Original intent
His case established judicial review.
Marbury vs. Madison
Review by a court of law of actions of a government official or entity.
Judicial review
View the the courts should reject any active lawmaking functions and stick to judicial interpretations if the past.
Judicial restraint
An interpretation of the United States constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial court decisions.
Judicial activism
Political participation actively supporting a political party.
Political activism
A doctrine used as a means to avoiding some cases.
Political questions
The judicial interpretation of an act of congress. On some cases where statutory construction is an issue, congress oases new legislation to clarify existing laws.
Statutory constitution
