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Chapter 16
The Federal Courts
23
Civics
12th Grade
10/23/2012

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Term
Standing to Sue
Definition
The requirement 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 Action Suits
Definition
Lawsuits permitting a small number of people to sue on behalf of all other people actually 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 orders of many federal 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 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. 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 and the third-ranking office in the Department of Justice. The solicitor general 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 opinion may be as important as the decision itself.
Term
Stare Decisis
Definition
A Latin phrase meaning "let the decision stand." The vast majority of cases reaching appellate courts are settled on this principle.
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. 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 these decisions.
Term
Marbury v. Madison
Definition
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.
Term
Judicial Review
Definition
The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison.
Term
United States v. Nixon
Definition
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privelege was implicit in the Constitution but could not be extended to protect documents relevant to criminal persecutions.
Term
Judicial Restraint
Definition
A political philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures.
Term
Judicial Activism
Definition
A political 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 statutory construction is an issue, Congress passes new legislation to clarify existing laws.
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