government_20130520142749 Flashcards
Standing to sue
Requirement that plantiffs must 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.
Justiciable disputes
Issues capable of being settled by legal methods
Amicus Curiae briefs
Submitted by a “friend of the court” that attempt to influence the Court’s decision, raise additional points of view, and present information not contained in the briefs of the attorneys for the official parties to the case.
Original jurisdiction
Where a case is heard first.
Appellate Jurisdiction
Where cases are heard brought to them on appeal from a lower court.
District Courts
Courts of original jurisdiction; no appeals; Are only federal courts where trials are held and juries my be impaneled.
Courts of Appeal
appellate courts empowered to review all final decisions of district courts.
Supreme Court
Court that ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy law. Has both (OJ) and (AJ)
Senatorial Courtesy
An unwritten tradition 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.
Solicitor general
A presidential appointee and the third-ranking office in the Dept. of Justice. In charge of the appellate court litigation of the federal government.
Opinion
A statement of the legal reasoning behind the decision
Stare Decisis
“Let the decision stand.” Majority of cases in appellate courts are settled on this principle.
Precedents
How similar cases have been decided in the past.
Original Intent
A view that the Constitution should be interpreted according to t original intent of the framers.
