AP Gov: Chapter 15 The Federal Courts | Quizlet

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 direct and substantial injury from another party or from an action of government.

Justiciable Disputes

Issues capable of being settled as a matter of law.

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that 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 issues involved.

District Courts

The 94 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

Courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.

Supreme Court

The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction.

Senatorial Courtesy

An unwritten tradition whereby 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.

Solicitor General

A presidential appointee and the third-ranking office in the Department of Justice. This person is responsible for handling all appeals on behalf of the United States government to the Supreme Court.

Stare Decisis

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.

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. The courts rely on other units of government to enforce their decisions.

Judicial Review

The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison.

United States v. Nixon

Ruled executive privilege (where president could withhold information) unconstitutional except in cases of secret foreign and military affairs.

Judicial restraint

An approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible. Also a philosophy that justices should stick closely to the Framers' original intent when deciding cases.

Judicial Activism

An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.

Civil Law

Involves a dispute between two parties (one of whom may be the government itself) over a wide range of matters including contracts, property ownership, divorce, child custody, mergers of multinational companies, and personal and property damage.

Writ of Certiorari

An order by the Supreme Court directing a lower court to send up the record in a given case for its review.

Writ of Mandamus

Is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Majority Opinion

A court opinion reflecting the views of the majority of the judges.

Dissenting Opinion

Justices opposed to all or part of the majority's decision write this opinion.

Concurring Opinion

Written to support a majority decision but also to stress a different constitutional or legal basis for the judgement.

Rule of 4

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case.

Criminal Law

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishments to be imposed for the commission of such acts.

class action suits

Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.

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. These briefs attempt to influence a court's decision.

opinion

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

originalism

the belief that the United States Constitution should be interpreted in the way the authors originally intended it

Marbury v. Madison

(1803) Marbury was a midnight appointee of the Adams administration and sued Madison for commission. Chief Justice Marshall said the law that gave the courts the power to rule over this issue was unconstitutional. established judicial review

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 construction is an issue, Congress passes new legislation to clarify existing laws.