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Chapter 16-Federal Courts
From Government in America
19
Other
Not Applicable
01/23/2011

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Cards

Term
Amicus Curiae Briefs
Definition
“Friend of the court” briefs by nonlitigants who wish to influence a court’s decision by raising additional points of view and information not in the briefs prepared by litigants.
Term
Class Action Suit
Definition
Cases which permit a small number of people to sue on behalf of all other people similarly affected.
Term
Courts of Appeal
Definition
Courts with the power to review all final decisions of district courts, except in instances requiring direct review by the Supreme Court.
Term
Judicial Activism
Definition
Theory that judges should make bolder policy decisions to alleviate pressing needs, especially for those who are weak politically.
Term
Judicial Implementation
Definition
and whether court decisions are translated into actual policy.
Term
Judicial Restraint
Definition
Theory that judges should play minimal role in policymaking and leave policy decisions to the legislature.
Term
Judicial Review
Definition
The power of courts to hold acts of Congress, and by implication the executive, in violation of the Constitution.
Term
Marbury v Madison
Definition
Supreme Court case that established the notion of judicial review.
Term
Opinion
Definition
statement of legal reasoning behind a decision.
Term
Original Intent
Definition
Theory that judges should decide cases in line with the intent of the framers.
Term
Original Jurisdiction
Definition
Given to a court where a case first is heard.
Term
Precedent
Definition
The way similar cases have been handled in the past is used as a guide in current decisions.
Term
Senatorial Courtesy
Definition
A tradition by which nominations for federal judicial positions are not confirmed when opposed by a senator of the president’s party from the state in which the nominee is to serve.
Term
Solicitor General
Definition
A presidential appointee who is in charge of the appellate court litigation of the federal government.
Term
Standing to Sue
Definition
Litigants must have serious interest (potential for sustained direct and substantial injury) from a party in a case.
Term
Stare Decisis
Definition
An earlier decision should hold for the case being considered.
Term
Statutory Construction
Definition
Legislation passed by a legislature to clarify existing law, the clarification, in effect, overturning a court decision.
Term
Supreme Court
Definition
Ensures uniformity in interpretation of national laws, resolves disputes between states, and maintains the national supremacy of the law.
Term
United States v Nixon
Definition
1974 Supreme Court decision that required President Nixon to turn White House tapes over to the courts.
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