Upgrade to remove ads
American Government Final Chapter 9 Key Terms from Book
Terms in this set (20)
When judges deliberately shape judicial doctrine to conform to their personal view of the Constitution and social policy.
"Friend of the court." A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome.
The head of the Justice Department. As the nation's chief legal officer, the attorney general of the United States represents the federal government's interests in law courts throughout the nation. The attorney general is also the chief law enforcement officer.
A written opinion by a Supreme Court justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision.
Category of federal courts vested with the general judicial authority outlined in Article III of the Constitution. The most important are the Supreme Court, the courts of appeals, and the ninety-four district courts. Their authority derives from that of the Supreme Court, and they are supposed to conform to its decisions.
court of appeals
The second tier of courts in the federal judicial system (between the Supreme Court and the district courts). One court of appeals serves each of eleven regions, or circuits, plus one for the District of Columbia.
An attempt by President Franklin Roosevelt, in 1937, to remodel the federal judiciary. Its purpose ostensibly was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional Supreme Court justice for every sitting justice over the age of seventy. The legislation passed the House of Representatives but failed in the Senate by a single vote. if it had passed, Roosevelt could have added six new justices to the high bench, thereby installing a new Court majority sympathetic to his New Deal programs.
The written opinion of one or more Supreme Court justices who disagree with the ruling of the Court's majority. The opinion outlines the rationale for their disagreement.
The trial courts of original jurisdiction in the federal judicial system. The ninety-four district courts are the third tier of the federal judicial system, below the Supreme Court and the courts of appeals.
The practice of prescribing in a decision a set of rules that are to guide future decisions on similar cases. Used by the Supreme Court to guide and lower the courts in making decisions.
Principle of law that governs how the lower courts do their work.
The judicial action of deferring to the policies emanating from the elected branches in the absence of a clear violation of the Constitution or established doctrine.
rule of four
A rule employed by the Supreme Court's stating that when four justices support hearing a case the certiorari petition is granted.
An informal practice in which senators are given veto power over federal judicial appointments in their home states.
The official responsible for representing the U.S. government before the Supreme Court. The solicitor general is a ranking member of the U.S. Department of Justice.
"Let the decision stand." In court rulings, a reliance on precedents, or previous rulings, in formulating decisions in new cases.
Principle that guides judges on which party in a case should prevail--akin to policymaking.
writ of certiorari
An order that is given by a superior court to an appellate court and that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear.
writ of mandamus
"We command." A court-issued writ commanding a public official to carry out a specific act or duty.
The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid.
YOU MIGHT ALSO LIKE...
Chapter 9 The federal judiciary
PoliSci Ch 9
PoliSci Ch 9
AP Gov ch 15
OTHER SETS BY THIS CREATOR
GER250 Vocabulary Quiz #2
GER 250 Vocab Quiz- Sprichwort
German 250 Vocab 1