AP US Government Chapter 16 Vocabulary - The Federal Courts
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23 terms
Terms | Definitions |
|---|---|
 Standing to Sue-511 | The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a substantial and direct injury from a party or action of government |
| Class Action Suits-511 | Lawsuits that let a small group sue on behalf of others with similar situations |
| Justiciable Disputes-512 | A requirement that a case must be capable of being settled by law rather grounds (as is commonly the case in legislatures) to be heard |
| Amicus Curiae Briefs-512 | Legal briefs submitted by a "Friend of the Court" to provide additional points of view and information that is not contained in the formal parties' briefs - attempt to influence a court's decision |
| Original Jurisdiction-513 | Jurisdiction from the first courts to hear a case, usually in trial - these courts determine the facts of a case |
| Appellate Jurisdiction-513 | Jurisdiction of courts that hear cases brought to them on appeal from lower courts - These courts review the legal issues involved, not the factual record |
| District Courts-514 | 91 federal courts of original jurisdiction - only federal courts in which trials are held and jury are impaneled |
| Courts of Appeal-515 | Appellate courts empowered to review all final decisions of district courts, except in rare cases - Hear appeals to orders of federal regulatory agencies |
| Supreme Court-516 | Pinnacle of judicial system - ensures uniformity in national law interpretation, resolves states' conflicts, and maintains supremacy in law - controls its own agenda |
| Senatorial Courtesy-518 | Unwritten tradition where nominations for state level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve - applies to courts of appeal when there's no opposition from the nominee's state senator |
| Solicitor General-528 | A presidential appointee and the 3rd ranking office in the Dept. of Justice - in charge of appellate court litigation of the federal government |
| Opinion-529 | Statement of legal reasoning behind a judicial decision - context may be as important as the decision itself |
| Stare Decisis-530 | Latin for: "let the decision stand" - Most cases are settled on the principle in appellate courts |
| Precedent-530 | How similar cases have been decided in the past |
| Judicial Implementation-530 | How and whether court decisions are translated into actual policy, thereby affecting the behavior of others - courts rely only on other units of government to enforce decisions |
| Original Intent-531 | A view that the Constitution should be interpreted according to the Framers' ideas - conservatives often support this |
| Marbury vs. Madison-534 | 1803 case in which John Marshall asserted right of the Supreme Court to determine the meaning of the US Constitution - decision established the Court's power of judicial review over acts of Congress, in this case, the Judiciary Act of 1789 |
| Judicial Review-535 | The power of the courts to determine whether acts of Congress and the executive comply with the Constiution - established by John Marshall during Marbury vs. Madison |
| United States vs. Nixon-537 | 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions |
| Judicial Restraint-539 | A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures |
| Political Questions-539 | A doctrine developed by the federal courts and used as a means to avoid deciding some cases, mainly those involving conflicts between the president and Congress |
| Judicial Activism-539 | A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground - advocates emphasize that courts can correct pressing needs, especially those unmet by majoritarian political processes |
| Statutory Construction-541 | The judicial interpretation of an act of Congress - In some cases where it is an issue, Congress passes new legislation to clarify existing laws |
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