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.

Amicus curiae briefs

A written document submitted as a “friend of the court” to provide additional information for justices to consider when reviewing a case.

Original jurisdiction

The power of a court to hear a case for the first time.

Appellate jurisdiction

The power of a court to hear a case that has already been heard and decided by a lower court.

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.

Marbury v Madison

In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional.

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 to 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. They are in charge of the appellate court litigation of the federal government.

Stare decisis

The legal doctrine under which courts follow legal precedents when deciding cases with similar facts.

Precedent

A principal or rule established in a previous legal case relevant to a court when deciding subsequent cases.

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.

Original intent (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 Activism

Asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts.

Judicial restraint

Asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.

Judicial Review

The Supreme Court’s power to determine the constitutionality of a congressional law, executive action, or state law or state court decision.

Attorney General

The position of the head of the Justice Department and the chief law enforcement officer of the United States.

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.

Federalist 78

The federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency.

Warren Court

A notably liberal court in its ideology, issuing some landmark decisions affecting civil rights, separation of church and state, and police arrest procedures. Notable cases from this court include Brown v. Board of Education (equal protection), Gideon v. Wainwright (criminal trials), Reynolds v. Sims (elections), and Miranda v. Arizona (Miranda rights).

Burger Court

A more conservative court than the Warren Court, which was where Nixon had to turn in his White House tapes to the courts. A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures. Notable cases include United States v. Glaxo Group Ltd., Roe v. Wade, Doe v. Bolton, United States v. Florida East Coast Railway Co.

Rehnquist Court

Considered to be more conservative than the preceding Burger Court, but not as conservative as the succeeding Roberts Court. Notable cases include Kelo v. City of New London, John Paul Stevens, Roper v. Simmons, Van Orden v. Perry, Crawford v. Washington.

Jurisdiction

Legal authority delegated to the federal courts to rule on cases and controversies.

Article III

Foundation for powers of the judicial branch; life tenure for justices allows the court to function independent of the current political climate.