ap gov chapter 16: the federal courts

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 a party or an action of government

class action suits

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

justiciable disputes

a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies

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

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 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 and appellate jurisdiction, but unlike other federal courts, it controls its own agenda

senatorial courtesy

an unwritten tradition whereby nominations for state-level federal judicial posts are 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 appeal when there is opposition from the nominee’s state senator

solicitor general

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

opinion

a statement of legal reasoning behind a judicial decision; the content of the statement 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

precedents

how similar cases have been decided in the past

original intent

a view that the Constitution should be interpreted according to the original intent 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 Court’s 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; established by John Marshall in Marbury v. Madison

United States v. Nixon

the 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions

judicial restraint

a judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

judicial activism

a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground; advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process

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