Unit 4 Judiciary Terms

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standing to sue

the requirements 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 another party from action of the government

class action suits

lawsuits in which a small number of people sue on behalf of all people on similar circumstances

justiciable disputes

issue capable of being settled as a matter of law

amicus curiae briefs

legal briefs submitted by a “friend of the court” for the purpose of influencing a court’s decision by raising additional points of view and presenting information not contained in the briefs of the formal parties

original jurisdiction

the jurisdiction of courts that hear a case first, usually in trial, these are the courts who determine the facts about a case

appellate jurisdiction

the jurisdiction of courts that hear cases brought to them on appeal from lower courts, these courts do not review the factual record, only the legal issue involved

district courts

the 94 federal courts of original jurisdiction, 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, they also hear appeals to orders of many federal regulatory agencies

Supreme Court

pinnacle of the American judicial system, the Court ensures uniformly in interpreting national law, resolves conflicts among states and maintains national supremacy in law, they use both original and appellate jurisdiction

senatorial courtesy

an unwritten tradition where by nominations for state-level federal judicial posts are usually not confirmed if they are opposed by a senator of the president’s party from the state in which the nominee will serve, the tradition also applies to courts of appeals when there is opposition from a senator of the president’s party who is from the nominee’s state

solicitor general

a presidential appointee and the third-ranking office in the Department of Justice, in charge of the appellate court litigation of the federal government

opinion

statement of legal reasoning behind a judicial decision, the content of an opinion may be as important as the decision itself

stare decisis

Latin for “let the decision stand”, most cases reaching appellate courts are settled on this principle

precedent

how similar case have been decided in the past

originalism

a view that the Constitution should be interpretated according to the original intentions or original meaning of the Framers, many conservatives support this view

judicial implementation

how and whether court decisions are translated into actual policy, thereby affecting the behavior of others, the court rely on each other units of government to enforce their decisions.

Marbury v. Madison

1803 case in which Chief Justice John Marshall and hsi associates first asserted the right of the Supreme Court to determine the meaning of the Constitution, the decision established the Court’s power of judicial review over acts of Congress (Judiciary Act of 1789)

judicial review

power of courts to determine whether acts of Congress and, by implications, the executive are in accord with the Constitution

judicial restraint

a approach to decision making in which judges play minimal policy-making roles and defer to legislatures whenever possible

judicial activism

a approach to decision making in which judges sometimes make bold policy decisions, even charting now constitutional

political questions

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

judicial interpretation of an act of Congress, when statutory construction is an issue, Congress pass new legislation to clarify existing law