6552219
Description
Flashcards by Samuel Bohannon, updated more than 1 year ago
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Created by Samuel Bohannon
over 7 years ago
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| Question | Answer |
| Standing to Sue | The requirement that plaintiffs have a serious interest in a case. |
| Class Action Lawsuits | Lawsuits permitting a small number of people to sue on the behalf of all other people similarly situated. |
| amicus curiae briefs | Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view at allnd presenting information not contained in the briefs of the formal parties. |
| Original Juristdiction | The jurisdiction of courts that hear a case first, usually in a trial. |
| Appellate Jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. |
| Courts of Appeals | Appellate courts empowered to review all final decisions of district courts, except in rare cases. |
| 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. |
| 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. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator, if the senator belongs to the president's party. |
| Writ of Certiorari | An order by a higher court directing a lower court to send up a case for review |
| Solicitor general | A presidential appointee and the third ranking member of the department of justice. The solicitor general is in charge of the appellate court litigation of the federal government. |
| Per curium decision | Ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and unanimously. |
| Opinion | A statement of legal reasoning behind a judicial decision. |
| Stare Decisis | A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. |
| Precedent | How similar cases have been decided in the past. |
| original intent | A view that the Constitution should be interpreted according to the original intent of the framers. |
| Judicial implementation | How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. |
| Marbury v. Madison | The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789. |
| 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. |
| 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 documents relevant to criminal prosecutions. |
| Judicial restraint | A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures. |
| 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. |
| Brief | brief A legal document submitted by lawyers to courts. It sets forth the facts of a case, summarizes any lower court decisions on the case, gives the arguments for the side represented by the lawyer filing the brief, and discusses decisions in other cases that bear on the issue. |
| Concurring Opinion | An opinion by one or more justices who agree with the majority's conclusion but for different reasons that they wish to express. |
| Constitutional Court | constitutional court Lower federal courts created by Congress which exercise the judicial powers delineated in Article III of the Constitution. Its judges, therefore, enjoy two constitutional protections-they serve "during good behavior" and their salaries may not be reduced while in office. |
| Dissenting opinion | The opinion of the justices on the losing side. |
| Diversity Cases | Jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states. |
| Dual Sovereignty | A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law. |
| In forma pauperis | . |
| Legislative Court | A lower federal court created by Congress for specialized purposes. These justices have fixed terms of office, can be removed from office, and may have their salaries reduced while in office. |
| Litmus Test | A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts. |
| Strict Constructionist | An approach to judicial review which holds that judges should confine themselves to applying those rules that are stated in or clearly implied by the language of the Constitution. |
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