Terms : Hide Images
| 6190531658 | standing to sue | 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 another party or from an action of government. | 0 | |
| 6190531659 | class action suits | Lawsuits in which a small number of people sue on behalf of all people in similar circumstances. | 1 | |
| 6190531660 | justiciable disputes | Issues capable of being settled as a matter of law. | 2 | |
| 6190531661 | amicus curiae briefs | Legal briefs submitted by a "friend of the court" for the purpose of influencing a court's decision by raising additional points of view and presenting information not contained in the briefs of the formal parties. | 3 | |
| 6190531662 | original jurisdiction | The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. | 4 | |
| 6190531663 | appellate jurisdiction | 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. | 5 | |
| 6190531664 | district courts | The 94 federal courts of original jurisdiction They are the only federal courts in which trials are held and in which juries may be impaneled. | 6 | |
| 6190531665 | courts of appeal | 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. | 7 | |
| 6190531666 | Supreme Court | 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. | 8 | |
| 6190531667 | senatorial courtesy | An unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. | 9 | |
| 6190531668 | solicitor general | 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. | 10 | |
| 6190531669 | majority opinion | A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself. | 11 | |
| 6190531670 | stare decisis | A latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. | 12 | |
| 6190531671 | precedent | How similar cases have been decided in the past. Lower courts, of course, are expected to follow the precedents of higher courts in their decision making. | 13 | |
| 6190531672 | judicial implementation | 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. | 14 | |
| 6190531673 | original intent | A view that the Constitution should be interpreted according to the original intent of the Framers. Many conservatives support this view. | 15 | |
| 6190531674 | judicial review | 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. | 16 | |
| 6190531675 | judicial restraint | A judicial philosophy in which judges play minimal policy making roles, leaving that duty strictly to the legislatures. | 17 | |
| 6190531676 | judicial activism | 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. | 18 | |
| 6190531677 | political questions | 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. | 19 | |
| 6190531679 | per curiam | Decision without explanation; Resolve the immediate case but have no value as precedent because the court does not offer reasoning that would guide lower courts in future decisions. | 20 | |
| 6190567890 | dissenting opinion | opinion written by justices who are opposed to the majority decision | 21 | |
| 6190594116 | concurring opinion | opinion written to support a majority opinion, but for different constitutional or legal basis | 22 | |
| 6201456317 | Brown v. Board of Education | The Supreme Court held that "separate but equal" facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment. | 23 | |
| 6201459252 | Gideon v. Wainwright | The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. | 24 | |
| 6201463245 | Miranda v. Arizona | The Supreme Court held that the Fifth Amendment's protection against self-incrimination is available in all settings. Therefore suspect should be aware that he has the right to remain silent, right to an attorney present, etc | 25 | |
| 6201468868 | Roe v. Wade | The Court held that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. | 26 | |
| 6201472951 | Heart of Atlanta v. US | The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster. | 27 | |
| 6201480741 | Tinker v. Des Moines | Students wore black armbands to protest the Vietnam War. The Court held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property | 28 | |
| 6201495573 | Engel v. Vitale | said that school prayer was unconstitutional | 29 | |
| 6201507168 | Mapp v. Ohio | Court ruled that according to the 4th Amendment, evidence obtained illegally could not be admitted to states courts | 30 | |
| 6201515416 | Texas v. Johnson | Court ruled that burning of the US flag was protected expression under the First Amendment | 31 |
