ch 15 gov vocab

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 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 (“friend of the court”) beliefs

legal beliefs 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 party

original jurisdiction

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

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

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 appeals

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

pinnacle of the American judicial system; the court ensures uniformity in interpreting national laws, resolves conflicts among states, maintains national supremacy in laws; 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 nominees 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 3rd 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 content 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 interpretated according to the original intentions or original meanings of the Framers; many supporters

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 decision

marbury vs madison

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 court’s power of judicial review over acts of congress, in this case the judiciary act of 1789

judiciary 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 vs Madison

judicial restraint

an approach to decision making in which judges play minimal policymaking 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

judicial interpretation of an act of congress; in some cases where statutory construction is an issue, congress passes new legislation to clarify existing laws