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AP Government in America Chapter 15 The Federal Courts Flashcards

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13528053278standing 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 another party or from an action of the government.0
13528053279class action suitsLawsuits in which a small number of people sue on behalf of all people in similar circumstances.1
13528053280justiciable disputesIssues capable of being settled as a matter of law.2
13528053281amicus curiae briefsLegal 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
13528053282original jurisdictionThe jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. - cases involving foreign diplomats4
13528053283appellate 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. - US courts of appeals - court of appeals for federal circuit - legislative courts5
13528053284district 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.6
13528053285courts of appealsAppellate 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
13528053286Supreme 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.8
13528053287senatorial courtesyAn 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. The traditional also applies to courts of appeals when there is opposition from a senator of the president's party who is from the nominee's state.9
13528053288solicitor 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. - represents government in SCOTUS arguments and can submit amicus curiae10
13528053289opinionA statement of legal reasoning behind a judicial decision. The content of this statement may be as important as the decision itself.11
13528053290stare decisisa Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.12
13528053291precedentHow similar cases have been decided in the past.13
13528053292originalismA view that the Constitution should be interpreted according to the original intentions or original meanings of the Framers. Many conservatives support this view.14
13528053293judicial implementationHow and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The court rely on other units of government to enforce their decisions.15
13528053294Marbury v. MadisonThe 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 1789.16
13528053295judicial reviewThe power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. This was established by John Marshall and his associates in Marbury v. Madison.17
13528053296judicial restraintAn approach to decision making in which judges play minimal policy-making roles and defer to legislatures whenever possible.18
13528053297judicial activismAn approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.19
13528053298political 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.20
13528053299statutory constructionThe judicial interpretation of an act of Congress. In some cases where this is an issue, Congress passes new legislation to clarify existing laws.21
13528062007the accumulation of judicial decisions about legal issuesWhat is common law?22
13528077945the senatewhich of the following must confirm all federal judges?23
13528091116judiciaryThe act of 1789 established the basic three tiered structure of the federal court system?24
13528107613federal questionthe supreme court hears cases from state courts only if they involve a25
13528120042writ of centiorariA _________ is issued by the supreme court when it agrees to hear a case26
13528158875fourFor a case to be heard in the supreme court a minimum of how many justices must vote to hear the case?27
13528170014civilwhich type of law involves the violation of the legal rights of one individual toward another?28
13528178347filing amicus curiae briefsWhich of the following is a way that interest groups attempt to influence the supreme court's decisions?29
13528185425solicitor generalWho represents the federal government in appeals to the supreme court?30
13528200118concurringWhich of the following is an opinion written by a justice who voted with the majority, but has an alternative basis for the decision?31
13528223467President RooseveltWho attempted to expand the number of supreme court justices in 1937?32
13528235241stateIn which courts are the vast majority of all cases tried?33
13528240943district courtsIn which federal courts are trials conducted?34
13542530896warrenWhich court was most active in shaping public policy in the twentieth century?35
13542545027standing to suewhich of the following must plaintiffs have in order to sustain a lawsuit in court?36
13542564976senatorial courtesyIn a process known as _______ the senate generally allows senators of the presidents party from the state in which a judicial vacancy occurs to block the nominations?37
13542578605stare decisisAccording to the principle of _______, a court should not overturn precedent unless it is absolutely necessary38
135426725359 justices (one chief + 8 justices)How many justices are in the supreme court?39
13542682344appoints and confirmsFor the supreme court the president ________ and the senate _______40
13542705521Rule of FourAt least four justices of the Supreme Court must vote to consider a case before it can be heard41
13542708860casesmust come from federal appeals42
13542713827state casesMust have a federal question (ex: death penalty or 8th amendment) but will not determine matters of state law - US & state - 2/ more states -state vs. citizens of another state - state vs. foreign country43
13542725604state - the supreme courtWhat is the highest level of state court of appeals?44
13542885973rulings- SCOTUS decisions established precedent45
13542907132amendment / lawHow does one appeal? (law of the land)46
13542916041interpreting populationlawyers and judges who reflect the intent of the original decision in a case. - how will this impact?47
13542920368implementing populationlegislatures, executives, lower courts, state officials, local officials who carry out the decision of the Supreme Court - administrative groups from impacted population48
13542930697consumer populationgeneral population who are affected by the Court's decision. Example: women who want abortions or criminal defendants who need attorneys. - people specifically impacted by the decision49
13542981684Warren Courtthe Supreme Court during the period when Earl Warren was chief justice, noted for its activism in the areas of civil rights and free speech - most judicial activist50
13542987419Rehnquest Court- most recent substantial51

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