Federal Courts Flashcards
Standing to Sue
The requirement that a person must have a significant stake in a case to bring a lawsuit.
Class Action Suits
Lawsuits in which a small group of people sue on behalf of a larger group with similar claims
Amicus Curiae Briefs
“Friend of the court” briefs submitted by outside parties to influence a court’s decision.
Original Jurisdiction
The authority of a court to hear a case first, before any other court.
Appellate Jurisdiction
The power of a court to review and possibly change the decision of a lower court
Senatorial Courtesy
A tradition where the Senate defers to a senator’s recommendation when appointing federal judges in their state.
Opinion
A written explanation of a court’s decision in a case
Stare Decisis
The legal principle of following established precedents in future cases
Precedents
Previous court decisions that influence later rulings on similar legal questions
Original Intent
The idea that the Constitution should be interpreted according to the intentions of the Founding Fathers
Judicial Implementation
The process by which court decisions are enforced and put into practice.
Marbury v. Madison (1803)
The Supreme Court case that established judicial review, allowing courts to declare laws unconstitutional.
Writ of Certiorari
An order from the Supreme Court requesting lower court records to review a case.
Judicial Restraint
The belief that judges should interpret the Constitution narrowly and defer to elected officials
Judicial Activism
The belief that judges should interpret the Constitution broadly and address societal needs.
Rule of Four
The Supreme Court rule that allows four justices to agree to hear a case.
Trial Courts
Courts that hear cases for the first time and determine facts.
Appellate Courts
Courts that review decisions from lower courts to ensure the law was applied correctly.
Writ of Habeas Corpus
A court order requiring the government to justify why a person is being held in custody.
Limits on Court Rulings (Federalist Paper No. 78)
Alexander Hamilton argued that the judiciary is the “least dangerous branch” because it depends on the executive to enforce rulings.
