Chapter 16- The Federal Courts
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22 terms
Terms | Definitions |
|---|---|
 Standing to Sue | 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. |
| Justiciable disputes | a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds. |
| Amicus curiae briefs | Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. Attempt to influence a court's decision |
| Original jurisdiction | The court that hears a case first, usually in a trial. these are the courts that determine the facts about a case. |
| Appellate jurisdiction | courts that hear cases brought tot hem 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 trials are held and in which juries may be impaneled. |
| Courts of appeal | Appellate courts empowered to review all final decisions of district courts, except in rare cases. Hear appeals to order of many federal regulatory agencies. |
| Senatorial courtesy | nominations for the state level federal judicial posts are not confimed if they are opposed by a senator of the presiden's party from the state in which the nominee will serve. |
| Solicitor general | a presidential appointee and the third ranking office in the department of justice. the solicitor general is in charge of the appellate court litigation of the federal government |
| Opinion | a statement of legal reasoning behind a judicial decision. the content of an opinion may be as important as the decision itself. |
| Stare decisis | "Let the decision stand" most cases reaching appelate courts are settled on this prinicple |
| Precedent | how dismilar cases have been decided in the past. |
| Original intent | a view that the constitution should be interpreted according to the original intent of the framers. many conservatives support |
| Judicial implementation | 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 thier decisons |
| Marbury v. Madison | the decision established the courts power of judicial review over acts of congress |
| Judicial review | the power of the courts to determine where acts of congress and by implication the executive are in accord with the us constitution. established by John Marshall |
| United States v. Nixon | 1974 case 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 | judges play minimal policymaking roles, leaving that duty strictly to the legislatures |
| Judicial activism | judges make bold policy decisions, even charting new constitutional ground. |
| 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 |
| Statutory construction | the judicial interpretation of an act of congress. in some cases where statutory constuction is an issue congress passes new legislation to clarify existing laws. |
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