Courts Flashcards
litigation
the process of taking legal action
dual court system
?
litigants
actors in the judicial system
plaintiff
brings the charges against someone
defendant
who the charges are brought against
jury
group of impartial citizens who decide the outcome of the trial
prosecutor
attorney who institutes legal proceedings against someone.
defendant attorney
defend the defendant
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.
class action suits
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
judiciable disputes
A requirement that to be heard in 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.
Amicus curiae briefs
Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision.
NAACP
selected case brown v. board of education to optimize a decision in their favor
ACLU
admit some of the clients the represent are scurvy but use them to push agenda
common law
based on the legal concept of stare decisis, or judicial precedent.
precedent
How similar cases have been decided in the past.
constitutional courts
addressed in article 3
created by constitution
legislative courts
article 1 created by congress
ex.) Military appeals and court of claims
original jurisdiction
The jurisdiction of courts that hear a 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 factual record, only the legal issues involved.
district courts
The 91 federal courts of original jurisdiction. They are the only federal courts in which trial are held and in which juries may be impaneled.
usually 1 judge per case diversity of citizenship lots of assistants 98% are held at local courts not federal 2% of 250,000 civil cases are decided in court
cases heard by district courts
federal crimes, civil suits, (federal or between citizens of 75,000), bankruptcy, review agencies, maritime law, naturalization of aliens
courts of appeal
Appellate courts empowered to review all final decisions of district courts, except in rare cases.
Us divided into 12 circuits
75% come from district courts
The US court of appeals for the federal circuit
12 judges
patents, copyrights, claims against government, international trade
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. (discretionary jurisdiction) but unlike other federal courts, it controls its own agenda.
8 justices and 1 chief justice
discretionary jurisdiction
both original jurisdiction and appellate jurisdiction and control of the agenda
rule of fours
4 supreme court justices must agree to review a case
senatorial courtesy (lower courts)
An unwritten traditions whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator 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.
process of selecting a supreme court justice
dept. of justice and federal Bureau of investigation identify and screen nominees
justices and Standing Committee on Fed. Judiciary try to influence nominations
candidates keep a low profile
20% fail rate before senate (very high)
politics of selection process
partisanship only 13 have been nominated by pres. of opposing party
ideology similar to pres.
white men, but recently more variety and effort to get more diversity
often appellate judge experience or worked for dept. of justice
writ of certiorari
put case on docket, issue to a lower federal court or state and order a record sent up for review
Solicitor General
A presidential appointee and the third-ranking office in the Department of Justice. in charge of appellate court litigation of the fed. government
- decide whether to appeal cases gov’t has lost
- review and modify briefs presented in gov appeals
- represent gov at SCOTUS
- submit a brief on behalf of a litigant in a case where gov is not directly involved
Per Curiam Decision
An unsigned and typically brief court opinion.
Opinion (majority)
A statement of legal reasoning behind a judicial decision.
litmus test
An examination of the political ideology of a nominated judge
concurring opinion
support the majority opinion but for a different reason
dissenting opinion
opposed to part or all of the majority
stare decisis
A Latin phrase meaning “let the decision stand.” Most cases reaching appellate courts are settled on this principle.
judicial implementation
How and whether court decisions are translated into actual policy, thereby affecting the behavior of others.
original intent
A view that the Constitution should be interpreted according to the original intent of the framers.
implementation
Interpreting Populations
lawyers and judges sense intent of the original decision in subsequent actions
implementation
Implementing Populations
those responsible for putting decision into effect
implementation
Consumer Population
people are aware of their rights
judicial restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures.
judicial activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.
statutory construction
The judicial interpretation of an act of Congress.
political questions
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.
Marbury v. madison
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, in this case the Judiciary Act of 1789.
judicial review
The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution.
Roosevelt’s court packing plan
wanted to expand the number of judges on the court but did not pass through congress
warren court
under chief justice warren
liberal
desegregated schools
right to counsel and protections against unreasonable searches
Burger court
roe v. wade
narrowed defendant rights
us v. Nixon
more conservative but still supported desegregation
Rehnquist court
conservative
very active
limited rights and no longer concerned with civil rights
constrained federal government
