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GOVT- Chapter 14
The Federal Courts
20
Political Studies
Undergraduate 1
03/02/2009

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Term
standing to sue
Definition
the requirement that plaintiffs have a serious interest in the 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 action 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 rather than on other grounds as is commonly the case in legislative bodies
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 parties. These briefs attempt to influence a court's decision
Term
original jurisdiction
Definition
the jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case
Term
appellate jurisdiction
Definition
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
Term
district courts
Definition
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
Term
courts of appeal
Definition
appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to many orders of many regulatory agencies
Term
supreme court
Definition
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. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda
Term
senatorial courtesty
Definition
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 which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator
Term
solicitor general
Definition
a presidential appointee in the Department of Justice who is in charge of the appellate court litigation of the federal government.
Term
opinion
Definition
a statement of legal reasoning behind a judicial decision. the content of an "word" may be as important as the decision itself.
Term
stare decisis
Definition
a latin phrase meaning "let the decision stand". Most cases reaching appellate courts are settled on this principle
Term
precedent
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. Many conservatives support this view
Term
judicial implementation
Definition
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
Term
judicial restraint
Definition
a judicial philosophy in which judges play minimal policymaking roles and typically defer to the legislatures.
Term
judicial activism
Definition
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
Term
political questions
Definition
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
Term
statutory construction
Definition
the judicial interpretation of an act of Congress. In some cases where "word" is an issue, Congress passes mew legislation to clarify existing laws
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