Chapter 16 - The Federal Courts Flashcards
Class action suits
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated
Justiciable Disputes
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
Amicus Curiae Briefs
Legal briefs submitted by a “friend of the court” 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
Original Jurisdiction
The jurisdiction of courts that hear case first, usually in a trial. These are the courts that determine the facts about a case
Appellate Jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the fractal court, only the legal issues involved.
District Courts
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.
Courts of Appeal
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.
Supreme Court
The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.
Senatorial Courtesy
An unwritten tradition in which nominations for state level judicial posts are not confirmed if they are opposed by a senator from the serving state.
Standing to Sue
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 and substantial injury from a party or an action of government
Solicitor General
A presidential appointee and the third-ranking office in the Department of Justice. In charge of the appellate court litigation pf the federal government.
Opinion
A statement of the legal reasoning behind a decision
Stare Decisis
A Latin phrase meaning “let the decision stand”. The vast majority of cases reaching appellate courts are settled on this principle.
Precedents
How similar cases have been decided in the past
Original Intent
A conservative view that the Constitution should be interpreted according to the original intent of the framers
