Chapter 16 - The Federal Courts 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 or 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 in legislative bodies
Justiciable disputes
“Friend of the court briefs.” Legal briefs submitted by groups for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision
Amicus curiae briefs
The jurisdiction of 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. These courts do not review the factual record, only the legal issues involved
Appellate jurisdiction
The 91 federal courts of 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.They also hear appeals to orders of many federal regulatory agencies
Courts of appeal
The pinnacle of the judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in the law
Supreme Court
An unwritten tradition where nominations for state-level federal judicial posts are not confirmed when opposed by a senator of the president’s party from the state in which the nominee will serve. The tradition also applies to courts of 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. They are in charge of the appellate court litigation of the federal government
Solicitor general
A statement of legal reasoning behind a judicial decision
Opinion
A Latin phrase meaning, “Let the decision stand” that means an earlier decision should hold for the case being considered
Stare decisis
How similar cases have been decided in the past (guide to current decisions).
Precedents
Judges and Justices should attempt to determine the intent of the framers of the Constitution regarding a particular matter and decide cases in line with that intent (strict constructionism).
Original intent
How and whether court decisions are translated into actual policy, thereby affecting the behavior of others
Judicial implementation
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress
Marbury v. Madison
The power of the courts to determine whether acts of Congress are in accord with the U.S. Constitution
Judicial review
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
United States v. Nixon
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Judicial restraint
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground
Judicial activism
A Doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress
Political questions
The judicial interpretation of an act of Congress
Statutory construction
