AP Government Unit #6

Ball out on the courts.

Standing to sue

A legal principle requiring that a plaintiff must have a strong reason or serious interest in a case to initiate a lawsuit.

Class action lawsuits

A lawsuit where a small group of people sues on behalf of a larger group with similar circumstances.

Justiciable disputes

Problems that can be resolved through the legal system and courts.

Amicus curiae briefs

Documents filed by non-parties to a case, known as 'friends of the court,' to provide information or arguments to the court.

Original jurisdiction

The authority of a court to hear a case for the first time.

Appellate jurisdiction

The authority of a court to review and revise the decisions of lower courts.

District courts

The lowest level of the federal court system with original jurisdiction where trials are held.

Courts of appeals

Intermediate federal courts that only review decisions made by lower courts.

Supreme Court

The highest court in the United States, possessing both original and appellate jurisdiction.

Senatorial courtesy

A tradition where the Senate will defer to the judgment of senators from the appointee's home state in judicial appointments.

Solicitor General

The third-ranked official in the Department of Justice responsible for representing the U.S. in Supreme Court cases.

Opinion

A written explanation by a court that outlines the legal reasoning behind its decision.

Stare decisis

The legal principle of determining points in litigation according to precedent.

Precedent

A prior court decision used as a standard in subsequent similar cases.

Originalism

A judicial philosophy favoring interpretation of the Constitution based on the original understanding at the time of enactment.

Judicial implementation

The process through which judicial decisions are enforced.

Judicial review

The power of the Supreme Court to declare laws or actions of the government unconstitutional.

Judicial restraint

An approach where judges limit their exercise of power, adhering more strictly to precedent.

Judicial activism

An approach where judges are more willing to interpret the Constitution broadly and take an active role in policymaking.

Political questions

Issues that are traditionally handled by the executive or legislative branches rather than the judiciary.

Statutory construction

The process of interpreting and clarifying legislation passed by Congress.

Marbury v. Madison

The landmark case that established the principle of judicial review.

Federalist No. 78

A paper discussing the independence of the judiciary and the necessity of life tenure for judges.

• Made justices more insulated from the public

Litmus test

A political term referring to an examination of a political candidate's ideological purity.

Concurring Opinion

Agrees with majority of opinion but is made to emphasize a point that was not made in the majority opinion

Dissenting Opinion

Written by justices who do not agree with the Court’s opinion

• What’s important is that this could be used in future cases if decision is overturned

Powers of the Courts

Establishing precedents

• Stare decisis

Declaring laws unconstitutional

Overturning prior cases

Handling “Political Question” cases

Insulated from public opinion

Checks on Courts

No enforcement mechanisms

Nomination and confirmation process