(WIP) AP Gov Judicial Branch Terms

standing to sue

standing to sue

requirement for a case - a plaintiff’s serious interest in the case they are charging; determined by if the plaintiff is in risk of danger and/or has directly sustained damage

class action suits

an extension of the standing to sue; allows a small number of people to sue on behalf of everyone else who’s in a similar circumstance as them

justiciable disputes

requirement for a case - the dispute must be able to be resolved through legal proceedings

amicus curiae beliefs

briefs/information about a case which is not from either of the litigants’ parties; used to influence the court’s decision by introducing new points & info to the case

original jurisdiction

The jurisdiction of courts which are the 1st to hear a case (usually in a trial); determines the facts of the case

appellate jurisdiction

the jurisdiction that courts have when a case is brought to them by appeal from a lower court; only views the legal issues involved with the case

district courts

the only federal courts that can hold trials

courts of appeal

courts with appellate jurisdiction; they review the decisions of district courts, focusing on correctly any errors in the procedure/law in a case’s original proceeding

Supreme Court

the nation’s most significant court, has both original & appellate jurisdiction

senatorial courtesy

unofficial tradition where the Senate does not confirm a judge nominee if a senator (who is of the president’s party and from the same state the nominee will serve in/reside) opposes their nomination

solicitor general

a high ranked presidential appointee in the Department of Justice, assists the Supreme Court & is in charge of the appellate court litigation for the federal govt

opinion

a statement from the Supreme Court which has the legal basis of their decision in a case

stare decisis

“let the decision stand”, encourages an earlier decision on a case to be held when it’s being considered

precedent

the same way similar cases were handled; heavily relied on when courts are deciding a case

originalism

the (conservative) view that the Constitution should be interpreted according to the original intent (from Framers) or the original meaning behind it

judicial interpretation

how and whether court decisions are made into actual policy; affects the behavior of other policies/implementation

Marbury v. Madison

dispute which asserted the right of the Supreme Court to determine the meaning of the Constitution, giving it judicial review

judicial review

power allowing the Supreme Court to determine the constitutionality of the legislative branch’s laws/acts and the executive branch’s actions

judicial restraint

the approach that judges should minimize their policymaking (instead giving all this power to Congress); their decisions go beyond their appropriate “referee” role in a democratic court

judicial activism

the approach that judges can make bold policy decisions, which can even “chart new constitutional ground”

political questions

a means where judges avoid deciding on some cases, particularly in conflicts between POTUS & Congress

statutory construction

the judicial interpretation/discretion of a Congressional act - Congress reacts to this by clarifying existing laws, which overturns these interpretations