04. The Federal Courts

Standing to sue

Standing to sue

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 a person or the government

Litigants

A person involved in a lawsuit -- either a defendant or a plaintiff.

Plaintiff

A person who brings a case against another in a court of law

Defendant

An individual, company, or institution sued or accused of a crime in a court of law

Criminal cases

When the government charges an individual with violating specific laws -- conviction warrants a punishment, such as imprisonment or a fine.

Civil cases

Involve a dispute between two parties (one of whom may be the government itself) over a wide range of matters including contracts, property ownership, and personal and property damage -- but no one's being accused of BREAKING A LAW.

Class action suits

Lawsuits in which a small number of people sue on behalf of all people in similar circumstances (e.g., a cancer patient brings a class action against a big tobacco company on behalf of all smokers who've gotten cancer)

Amicus curiae briefs

Legal briefs submitted by a "friend of the court" for the purpose of influencing a court's decision -- they raise additional points of view and present information not contained in the briefs of the litigants themselves

Original jurisdiction

The authority of a court to hear a case first, usually in a trial -- these are the courts that determine the facts about a case, and that feature juries

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

Federalist 78

Written by Alexander Hamilton -- says that judicial branch is the least dangerous branch, as it cannot enforce its decisions -- but also that the courts alone can stand up for "the people" when Congress or the President tries to abuse them

Marbury v. Madison

1803 case in which the Supreme Court asserted its right to determine the meaning of the U.S. Constitution -- the decision established the Court's power of judicial review over acts of the federal government

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.

District courts

The 94 federal courts that have original jurisdiction -- they are the only federal courts in which trials are held and in which juries are used

Circuit Courts of Appeal

12 geographically-based federal appellate courts empowered to review all final decisions of district courts, except in rare cases

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/check on the Executive Branch whereby nominations for district/appellate 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

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it is officially "accepted" to be heard

Writ of certiorari

An order by a higher court directing a lower court to send up the records of a case -- so the higher (appellate) court can review them

Stare decisis

A Latin phrase meaning "let the decision stand" -- principle by which a judge's default assumption is that he/she ought to respect past precedents, and should apply the same reasoning in a case he/she is deciding currently

Precedent

A prior court decision on a very similar topic that helps current judges determine how to decide a similar case today

Judicial implementation

How and whether court decisions are translated into actual policy, thereby affecting the behavior of others -- the courts rely on other branches of government (Legislative, Executive) to enforce their decisions

Judicial activism

An approach to decision making in which judges are more willing to critically review and oppose acts of elected legislatures, sometimes make bold policy decisions, even charting new constitutional ground

Judicial restraint

An approach to decision making in which judges defer to legislatures whenever possible, assuming that actions of elected lawmakers should generally be respected

Opinion

A statement of legal reasoning behind a judicial decision -- the legal reasoning features in an opinion may be as important as the decision itself

Majority opinion

A written statement that presents the views of the majority of Supreme Court justices regarding a case

Concurring opinion

A written statement written by a justice who votes with the majority, but who wishes to express differing reasons for his/her agreement

Dissenting opinion

An opinion written by a justice who disagrees with the majority's opinion, and which offers the reasoning behind the disagreement

political question

An issue that the Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide -- such a view was contradicted by the case of Baker v. Carr, in which the SC said courts CAN rule on state-level decisions, if they clearly involve a constitutional issue