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 and substantial injury from another party or from an action of government.
Standing to sue
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances
Class action suit
Issues capable of being settled as a matter of law
Judicial disputes
Legal briefs submitted by a “friend of the court” for the purpose of influencing a quick decision by raising additional Point of view and presenting information not contained in the briefs of the formal parties
Amicus curiae briefs
The jurisdiction of courts that hear a case first usually in a trial. These are the courts to 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 maybe impaneled
District courts
Appellate courts in power to review all final decisions of district courts except in rare cases. In addition they also hear appeals two orders of many federal regulatory agencies
Courts of appeal
The pinnacle of the American judicial system. The court insures uniformity in interpreting national laws resolve conflicts among states and maintains national supremacy in law. It has both original jurisdiction in a pellet jurisdiction
Supreme court
And unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if they are opposed by senator of the presidents party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from a senator of the presidents party who is from the nominees state
Senatorial courtesy
A presidential appointee and the third ranking office in the department of justice. In charge of the appellate court litigation of the federal government.
Solicitor General
A statement of legal reasoning behind a judicial decision. Maybe as important as the decision itself
Opinion
A Latin phrase meaning “let the decision stand” most cases reach an appellate courts are settled on this principle.
Stare decisis
How similar cases have been decided in the past.
Precedent
How and whether court decisions are translated into actual policy thereby affecting The behavior of others. The courts rely on other units of government to enforce their decisions.
Judicial implementation
If you that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view
Original intent
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 US Constitution. The decision establish the courts power of judicial review over acts of Congress in this case the Judiciary act of 1789.
Marybury V. Madison
The power of the courts to determine whether acts of Congress and by implication the executive are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in marbury V. Madison.
Judicial review
I judicial philosophy in which judges play minimal policymaking rolls leaving that duty strictly to the legislators.
Judicial restraint
It judicial philosophy in which judges make bold policy decisions even charting new constitutional ground. Advocates of this approach emphasizes that the courts can correct pressing needs especially those unmet by the majoritarian political process.
Judicial activism
A doctrine in developed by the federal courts and used as a means to avoid deciding some cases principally those involving conflict between the president and Congress.
Political questions
The judicial interpretation of the act of Congress. In some cases where statutory construction is an issue congress passes new legislation to clarify existing laws.
Statutory construction
