Chapter 15 Flashcards
(17 cards)
Standing to sue
Standing to sue means a person has the right to bring a case to court. To have standing, you must be directly affected by the issue you’re suing about.
Class action suits
A class action lawsuit is when a group of people who all have the same problem sue together in one case
Justiciable suits
Issues capable of being settled as a matter of law.
Friend of the court briefs
Friend of the court briefs (officially called amicus curiae briefs) are written opinions given to the court by someone who is not directly involved in the case, but who wants to share information or opinions to help the court make a better decision.
Senatorial courtesy
Senatorial courtesy is a tradition where the president asks a senator from the same party and state for approval before choosing someone for a federal job in that senator’s state—especially for judges
State decisis
A Latin phrase meaning “let the decision stand.” Most cases reaching appellate courts are settled on this principle.
Originalism
A view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservatives support this view.
Judicial review
The power of the courts to determine whether acts of Congress and those of the executive branch are in accord with the U.S. Constitution. Judicial review was established by Marbury v.
Madison.
Judicial restraint
Judicial restraint means judges should avoid making big changes or decisions, and just focus on interpreting the law as it is. They should let lawmakers make the big calls, unless something is clearly against the Constitution.
Judicial activism
An approach to decision making in which judges sometimes make bold policy decisions, even charting new constitutional ground.
Statutory construction
Statutory construction is the process of interpreting and understanding the meaning of a law or statute. When there’s confusion about a law, courts figure out what the law really means.
Opinion
A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself.
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.
Original jurdistion
Original jurisdiction refers to the authority of a court to hear a case for the first time, rather than on appeal.
Appellate courts
Appellate courts are courts that review decisions made by lower courts (like trial courts). They don’t hear new evidence or witness testimonies; instead, they look at whether the law was applied correctly in the original case.
District courts
The 91 federal courts of original juris-diction. They are the only federal courts in which trials are held and in which juries may be impaneled.
Solicitor general
The Solicitor General is a lawyer who represents the government in front of the Supreme Court. Their job is to argue cases on behalf of the government and decide which cases the government should appeal to the Supreme Court.
