Ap gov chapter 15

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

class action suits

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

justiciable disputes

Issues 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 not contained in the briefs of the formal parties

original 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 of courts

The 91 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

Appellate 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. 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. The solicitor general is in charge of the appellate court litigation of the federal government

opinion

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

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

originalism

A view that the constitution should be interpreted 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 courts rely on other units of government to enforce their decisions

Marbury v. Madison

The 1803 case in which chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution. The decision established the Courts power of judicial review over acts of Congress, in this case, the Judiciary Act of 1789

judicial review

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

judicial restraint

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

judicial activism

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

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

adversarial system

a neutral arena in which two parties present opposing points of view before an impartial arbiter (a judge.)

Boumediene v Bush

guaranteed the right of habeas corpus to the Guantanamo detainees

civil law

no charge of criminality is made, but one person accuses another of violating his or her rights

common law

a collection of judge-made laws that developed over centuries and is based on decisions made by previous judges

concurring opinion

if he or she agrees with the majority decision but does so for different reasons than stated in the majority opinion

constitutional question

somes cases that go to state courts may be appealed in the supreme court if they involve a significant this; ie example - if the highest court in a state has held a law to be in violation of the constitution or has upheld a state law that a plaintiff has claimed to be in violation of the Constitution, the matter may be appealed to the Supreme Court

criminal law

cases an individual is charged with violating a specific law, and the government prosecutes

defendant

in litigations, the person who is being charged

District courts

Lowest level of fed. courts, where fed. cases begin & trials are held (bank robbery, environmental violations, tax evasion); - 94 Districts (each state must have 1);

A court system that has original jurisdiction over most federal cases, meaning they try a case the first time it is heard. Both civil and criminal cases are heard in these courts and most federal cases begin in one of the U.S.

dissenting opinion

justices who do not agree with the Court's majority decision

District of Columbia v. Heller

ensured the right of individuals to own a gun for private use (not just for service in the militia)

diversity cases

federal court cases involving citizens of different states

dual court system

one federal court and one state court

dual sovereignty

state and federal authorities may prosecute the same person for the same conduct under both state and federal law

federal-question cases

federal court cases "arising under the Constitution, the law of the United States, and treaties

Gideon v. Wainwright

1964 case that determined that all accused persons in state criminal trials should be supplied with a lawyer, free if necessary, if the crime charged was a felony

justiciable dispute

an actual situation rather than a hypothetical one, and one that may be settled by legal methods

legislative courts

Congress has set up these courts for specialized purposes these courts include the court of claims, the court of international trade, the tax court, and the court of military appeals.

litigation

A lawsuit; legal proceedings

"litmus test"

a test of ideology purity

majority opinion

the official opinion of the court

plaintiff

in litigations, person who brings the charges

precedence

the practice of deciding new cases with reference to former decisions

public defenders

Court-appointed attorneys who are paid by the state to represent defendants who are unable to hire private counsel; lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel

rule of four

if four justices agree to hear a case, cert (a shortened reference) is issued and that case is scheduled for a hearing

writ of certiorari

latin phrase that means "made more certain"

writ of mandamus

and order to make an appointment; Supreme Court issued this to Madison ordering him to make appointments when he never delivered the letters