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Ap American Government: chapter 16: the courts Flashcards

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774567742judicial activisma judicial philosophy in which judges make bold policy decisions, even exploring new constitutional interpretations. Advocates emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian process.0
774567743courts of appealAppellate 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.1
774567744judicial restrainta judicial philosophy in which judges take on minimal policymaking roles, leaving that strictly to the legislatures.2
774567745Supreme CourtThe 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.3
774567746statutory constructionThe judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws.4
774567747district courtsThe 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.5
774567748judicial implementationHow 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.6
774567749writ of certiorariA formal document issued by the Supreme Court to a lower federal or state court that calls up a case.7
774567750senatorial courtesyAn 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.8
774567751solicitor generalA 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.9
774569896stare decisisA Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.10
778108538original intentA view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.11
778108539justiciable disputesa 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 bodies12
778133662constitutional courtsLower Federal Courts of original jurisdiction created by Congress by the Judiciary Act of 1789. Article III of the constitution allowed Congress to create them.13
778133664civil lawthe body of law involving cases without a charge of criminality. It concerns the disputes between two parties and consists of both statutes and common law.14
778133666political questionsA 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.15
778133668precedenthow similar cases have been decided in the past.16
778133670common lawthe accumulation of judicial decisions applied in civil law disputes.17
778133672standing to suethe 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 government18
778133674united states v. NixonThe 1974 case in which the Supreme Court unanimously held that the doctrine of executive priveledge was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions19
778133677legislative courtscourts established by congress for specialized purposes, such as the court of Military appeals Judges who serve on these courts have fixed terms and lack the protections of constitutional court judges.20
778133679litigantsThe plaintiff and defendant in a case21
778133681appellate jurisdictionThe 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.22
778143232solicitor generalA 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.23
778143233original jurisdictionThe jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.24

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