Chapter 16

Question 0

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 a party or an action of government.

Answer 0

Standing to sue

Question 1

Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.

Answer 1

Class action suits

Question 2

A 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 is legislative bodies.

Answer 2

Justiciable disputes

Question 3

Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. The briefs attempt to influence a court’s decision.

Answer 3

Amicus curiae briefs

Question 4

Jurisdiction of courts that hear a case first, usually in trial. These are the courts that determine the facts above a case.

Answer 4

Original jurisdiction

Question 5

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.

Answer 5

Appellate jurisdiction

Question 6

The 91 federal courts if original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.

Answer 6

District courts

Question 7

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.

Answer 7

Courts of appeal

Question 8

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, but unlike other federal courts, it controls its own agenda.

Answer 8

Supreme Court

Question 9

Unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve. The tradition also applies to courts if appeal when there is opposition from the nominee’s state senator.

Answer 9

Senatorial courtesy

Question 10

A presidential appointee and the third-ranking office in the Department of Justice. The _____ ______ is in charge of the appellate court litigation of the federal government.

Answer 10

Solicitor general

Question 11

A statement of legal reasoning behind a judicial decision. The content of an _____ may be as important as the decision itself.

Answer 11

Opinion

Question 12

Latin phrase meaning “let the decision stand.” The vast majority of cases reaching appellate courts are settled on this principle.

Answer 12

Stare decisis

Question 13

How similar cases have been decided in the past

Answer 13

Precedents

Question 14

A view the constitution should be interpreted according to the _____ ____ of the framers. Many conservatives support this view.

Answer 14

Original intent

Question 15

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.

Answer 15

Judicial implementation

Question 16

The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the US Constitution. _____ ______ was established by John Marshall and his associates in Marbury v. Madison.

Answer 16

Judicial review

Question 17

A judicial philosophy in which judges play minimal policymaking roles leaving that duty strictly to the legislatures.

Answer 17

Judicial restraint

Question 18

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.

Answer 18

Judicial activism

Question 19

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.

Answer 19

Political questions

Question 20

The judicial interpretation of an act of Congress. In some cases where ____ ________ is an issue, Congress passes new legislation to clarify existing laws.

Answer 20

Statutory construction