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chapter 16 vocab
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Political Studies
12th Grade
02/28/2010

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Term
standing to sue
Definition
the requirements that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government
Term
class actiion suits
Definition
lawsuits permitting a small number of people to sue on behalf of all other people similarly situated
Term
justiciable disputes
Definition
a requirement that, to be heard, a case must be capable of being settled as a matter of law
Term
amicus curiae briefs
Definition
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 partiers
Term
original jurisdiction
Definition
the jurisdiction of courts that hear a case first, usually in a trial; the courts that determine facts about a case
Term
appellate jurisdiction
Definition
the jurisdiction of courts that hears cases brought to them on appeal from lower courts; does not review factual record but legal issues alone
Term
district courts
Definition
the 91 federal courts of original jurisdiction; the only federal courts in which trials are held and juries may be impaneled
Term
Courts of Appeal
Definition
appellate courts empowered to review all final decisions of district courts; also hears appeals to orders of many federal regulatory agencies
Term
Supreme Court
Definition
pinnical of American judicial system; the Court ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law; uses both original and appellate jurisdiction and controls it’s own agenda
Term
Senatorial Courtesy
Definition
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
Term
Solicitor general
Definition
a presidential appointee and the third-ranking office in the Department of justice; in charge of appellate court litigation of the federal government
Term
Solicitor general
Definition
a presidential appointee and the third-ranking office in the Department of justice; in charge of appellate court litigation of the federal government
Term
Opinion
Definition
a statement of legal reasoning behind a judicial decision
Term
Stare decisis
Definition
a Latin phrase meaning “let the decision stand;” the vast majority of cases reaching appellate courts are settled on this principal
Term
Precedents
Definition
how similar cases have been decided in the past
Term
Original intent
Definition
a view that the Constitution should be interpreted according to the original intent of the framers; supported by conservatives
Term
Judicial impletion
Definition
how and whether court decisions are translated into actual policy, thereby affecting the behavior of others; courts rely on other units of government to enforce decision
Term
Marbury vs. Madison
Definition
when Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution; the decision established the Court’s power of judicial review over the acts of Congress
Term
Judicial Review
Definition
power of courts to determine whether acts of Congress, and by implication of the executive, are in accord with the US Constitution
Term
The Warren Court
Definition
refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. The Court expanded civil rights and liberties, judicial power, and the federal power.
The court was both applauded and criticized for bringing an end to racial segregation in the United States, incorporating the Bill of Rights (i.e. applying it to states), and ending officially-sanctioned voluntary prayer in public schools
Term
burger court
Definition
Warren Earl Burger was Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S. Supreme Court delivered a variety of transformative and controversial decisions on abortion, capital punishment, religious establishment, and school desegregation during his tenure
Term
The “Nine Old Men"
Definition
Walt Disney jokingly called this group of animators his "Nine Old Men," referring to Franklin D. Roosevelt's dismissive description of the nine justices of the US Supreme Court
Term
The Rehnquist Court
Definition
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. Considered a conservative, Rehnquist favored a type of federalism under which the states meaningfully exercised governmental power. Under this view of federalism, the Supreme Court of the United States, for the first time since the 1930s, struck down an Act of Congress as exceeding federal power under the Commerce Clause.
Term
United States vs. Nixon
Definition
the Supreme Court unanimously held that the doctrine of the executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
Term
Judicial Restraint
Definition
a judicial philosophy in which judges play minimal policymaking roles, leaving the duty strictly to the legislatures
Term
Judicial Activism
Definition
a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground
Term
Political Questions
Definition
a doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally involving cases between the president and Congress
Term
Statutory Construction
Definition
the judicial interpretations of an act of Congress; in some cases, Congress would pass new legislation to clarify existing laws
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