Definition: A lawsuit brought on behalf of a class of people against a defendant.
Example: Lawsuits brought by individuals who have suffered from smoking against tobacco companies.
Amicus Curiae Briefs
Definition: Legal briefs submitted by a "friend of the court".
Purpose: To raise additional points of view and present information not contained in the briefs of the formal parties.
Goal: To influence a court's decision.
Original Jurisdiction
Definition: The jurisdiction of courts that hear a case first, usually in a trial.
Function: These courts determine the facts about a case.
Appellate Jurisdiction
Definition: The power of a higher court to review decisions and change outcomes of decisions made by lower courts.
U.S. District Court
Description: The lowest federal courts where federal cases begin. They are the only federal courts where trials are held.
Quantity: There are 94 district courts.
U.S. Court of Appeals
Description: A court within the second tier of the three-tiered federal court system.
Function: Decisions from the district courts and federal agencies may be appealed to these courts for review.
U.S. Supreme Court
Description: The highest court of the United States, situated at the top of the federal court system.
Senatorial Courtesy
Definition: A custom whereby presidential appointments are confirmed only if there is no objection from the senators of the appointee's state.
Notable Practice: This is especially pertinent when there is no objection from the senior senator of the president's party from that state.
Solicitor General
Description: The third-ranking officer in the Justice Department.
Function: Decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.
Opinion
Definition: A form of legal opinion written by a judge or a judicial panel during a legal dispute resolution.
Content: Provides the decision reached to resolve the dispute, indicates the facts leading to the dispute, and analyzes the law used to arrive at the decision.
Stare Decisis
Definition: Latin for "Let the decision stand"; it implies that decisions are based on precedents from previous cases.
Precedent
Definition: An example that may serve as a basis for imitation or later action in legal cases.
Judicial Implementation
Definition: The process of translating court decisions into actual policy, affecting the behavior of others.
Dependence: The courts rely on other units of government to enforce their decisions.
Original Intent
Definition: The view that the Constitution should be interpreted according to the original intent of the framers.
Support Base: Many conservatives support this view.
Marbury v. Madison
Significance: This landmark case establishes the Supreme Court's power of Judicial Review.
Judicial Review
Definition: Allows the court to determine the constitutionality of laws.
Judicial Activism
Definition: An interpretation of the U.S. Constitution that holds the spirit of the times and the needs of the nation can legitimately influence judicial decisions, particularly those made by the Supreme Court.
Judicial Restraint
Definition: A judicial philosophy where judges play minimal policymaking roles, leaving that duty strictly to the legislatures.