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Government in America: Chapter 15 Flashcards

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9399632483Criminal LawThe government charges an individual with violating specific laws.0
9399632484Civil LawA dispute between two parties.1
9399632485StatutesLaws passed by legislators.2
9399632486Common LawThe accumulation of judicial decisions about legal issues.3
9399632487LitigrantsA person involved in a lawsuit.4
9399632488PlaintiffBringing the charge.5
9399632489DefendantWho is charged.6
9399632490Standing 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 government.7
9399632491Class Action SuitsLawsuits in which a small number of people sue on behalf of all people in similar circumstances.8
9399632492Justiciable DisputesIssues capable of being settled as a matter of law.9
9399632493AttorneysA person appointed to act for another in business or legal matters.10
9399632494Amicus 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.11
9399632495Constitutional CourtsFrom the Judiciary Act of 1789, Congress created lower federal courts.12
9399632496Legislative CourtsCourts for special purposes.13
9399632497Original JurisdictionThe jurisdiction of courts that hear a case first, usually in a trial.14
9399632498Appellate JurisdictionThe jurisdiction of courts that hear cases brought to them on appeal from lower courts.15
9399632499District CourtsThe 91 federal courts of original jurisdiction.16
9399632500Courts of AppealsAppellate courts empowered to review all final decisions of district courts.17
9399632501Judicial CircuitsThe U.S. is divided in 12 judicial circuits, where each Court of Appeal is responsible for.18
9399632502US Court of Appeals for Federal CircuitsEstablished by Congress, composed of 12 judges to hear appeals in specialized cases.19
9399632503Supreme CourtThe Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law.20
9399632504JusticesThe judges who are members of the Supreme Court.21
9399632505Senatorial CourtesyAn unwritten traditional 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.22
9399632506Solicitor GeneralA presidential appointee and the third ranking office in the Department of Justice. In charge of the appellate court litigation of the federal government.23
9399632507OpinionA statement of legal reasoning behind a judicial decision.24
9399632508Majority OpinionLegal basis for the decision by the majority of justices.25
9399632509Concurring OpinionStill with the majority, but for a different legal basis.26
9399632510Dissenting OpinionLegal basis for opposing the decision.27
9399632511Per curium OpinionUnauthorized/unsigned opinion of the full court.28
9399632512Stare Decisis"let the decision stand"29
9399632513PrecedentHow similar cases have been decided in the past.30
9399632514OriginalismA view that the Constitution should be interpreted according to the original intentions of original meaning of the Framers.31
9399632515Judicial ImplementationHow and whether court decisions are translated into actual policy, thereby affecting the behavior of others.32
9399632516Interpreting PopulationThose who have understood and reflect on the decision.33
9399632517Implementing PopulationThose who have to understand the decision.34
9399632518Consumer PopulationThose who are actually affected by the law.35
9399632519John Marshall CourtJohn Marshall played a very important role in making the Court a significant national agenda setter.36
9399632520Marbury v MadisonThe 1803 case in which Chief Justice John Marshall asserted the right of the Supreme Court to determine the meaning the U.S. Constitution and also established judicial review.37
9399632521Judicial ReviewThe power of the courts to determine whether the acts of Congress and the executive are in accord with the U.S. Constitution.38
9399632522Nine Old MenFDR proposed to Congress in expand the size of the Court so he could appoint more judges to support his New Deal Plan, Congress objected and never passed his plans. But Chief Justice Charles Evan Hughes and Associate Justice Owen Roberts switched their votes to favor the New Deal.39
9399632523Warren CourtA time when Chief Justice Earl Warren was active in shaping public policy.40
9399632524Burger CourtAfter, Chief Justice Warren E. Burger made the court more conservative.41
9399632525Rehnquist CourtLed by Chief Justice William Rehnquist and was conservative.42
9399632526Judicial RetraintAn approach to decision making in which judges play minimal policymaking roles and defer to legislatures whenever possible.43
9399632527Judicial ActivismAn approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.44
9399632528Political 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.45
9399632529Statutory ContsructionThe judicial interpretation of an act of Congress.46
9399655837Writ of Certioraria formal document calling up the case from the lower federal or state courts.47

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