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AP Government Chapter 15 Vocabulary Terms

Terms in this set (23)

Standing to Sue
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
Lawsuits that let a small group sue on behalf of others with similar situations
Justiciable Disputes
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
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
Jurisdiction from the first courts to hear a case, usually in trial - these courts determine the facts of a case
Appellate Jurisdiction
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
91 federal courts of original jurisdiction - only federal courts in which trials are held and jury are impaneled
Courts of Appeal
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
Pinnacle of judicial system - ensures uniformity in national law interpretation, resolves states' conflicts, and maintains supremacy in law - controls its own agenda
Senatorial Courtesy
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
A presidential appointee and the 3rd ranking office in the Dept. of Justice - in charge of appellate court litigation of the federal government
Opinion
Statement of legal reasoning behind a judicial decision - context may be as important as the decision itself
Stare Decisis
Latin for: "let the decision stand" - Most cases are settled on the principle in appellate courts
Precedent
How similar cases have been decided in the past
Judicial Implementation
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
A view that the Constitution should be interpreted according to the Framers' ideas - conservatives often support this
Marbury vs. Madison
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
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
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
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Political Questions
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
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
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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