Ch. 26 Government voc.
Terms
undefined, object
copy deck
- Judicial restraint
- A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
- Opinion
- A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself.
- Standing to sue
- The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained a direct and substantial injury from a party or an action of government
- Judicial review
- The power of the courts to determine whether acts of congress, and by implication the executive, are in accord with the U.S constitution
- "Rule of four"
- A rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide
- U.S 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 document relevant to criminal prosecutions
- Precedents
- How similar cases have been decided in the past
- Judicial implementation
- How and whether court decision are translated into actual policy, thereby affecting the behavior of others. The courts rely on others to enforce their decision
- senatorial courtesy
- An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve.
- Judiciary Act of 1789
- The law that created the judicial branch it established: the number of members of the Supreme Court (6), the number of lower district courts (13), the idea that the Supreme Court can settle disputes between states, and the idea that a decision by the Supreme Court is final.
- Judicial activism
- A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground
- Solicitor general
- A presidential appointee and the third-ranking office in the Department of justice. They are in charge of the fed. government
- Certiorari
- A writ issuing from a superior court calling up the record of a proceeding in an inferior court for review.
- Class Action suits
- Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated
- Stare decisis
- A Latin phrase meaning "let the decision stand" The vast majority of cases reaching appellate courts are settled on this principle
- Original intent
- A view that the constitution should be interpreted according to the original intent of the framers
- 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. They also hear appeals to orders of many regulatory agencies
- 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
- 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.
- 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
- 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, the briefs attempt to influence the court's decision
- Political questions
- A doctrine developed by the federal courts and used as a means to avoid deciding in some cases
- Supreme court
- The highest point 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 in controls its own agenda
- Original jurisdiction
- The jurisdiction of courts that hear a case first, usually in a trial. These are courts determine the facts about the case
- Marbury v. Madison
- The 1803 case in which Chief justice John Marshal and his associated first asserted the right of the Supreme Court to determine the meaning on the U.S Constitution . It established the court's power of judicial review