Gov Ch 16
Terms
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- 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 attempt to influence a court's decision
- precedent
- how similar cases have been decided in the past
- statutory construction
- the judicial interpretation of an act of Congress
- 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
- solicitor general
- a presidential appointee and the third-ranking office in the Department of Justice; in charge of the appelate court litigation of the federal government
- 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 whcih the nominee will serve; the tradition also applies to courts of appeal when there is opposition from the nominees's state senator
- original jurisdiction
- the jurisdiction of courts that hear a case first, usually in trial
- standing to sue
- the requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustainedor are likely to sustain a direct and substantial injury form 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 similarily situated
- 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
- appelate jurisdiction
- the jurisdiction of courts that hear cases brought to them on appeal from lower courts
- original intent
- a view that the Constitution should be interpreted according to the original intent ofthe framers
- courts of appeal
- appelate 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
- 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 and his associates in Marbury v. Madison
- 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; has both original jurisdiction and appelate jurisdiction, but unlike other federal courts, it controls its own agenda
- district courts
- the 91 federal courts of original jurisdiction; they are the only federal courts in which trials are held and which juries may be impaneled
- 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
- opinion
- a statement of legal reasoning behind a judicial decision
- stare decisis
- a Latin phrase meaning "let the decision stand." Most cases reaching appelate courts aresettled on this principle
- 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