Chapter 16 - The Federal Courts

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 or 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 in legislative bodies

Answer 2

Justiciable disputes

Question 3

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

Answer 3

Amicus curiae briefs

Question 4

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case

Answer 4

Original jurisdiction

Question 5

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

Answer 5

Appellate jurisdiction

Question 6

The 91 federal courts of 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.They also hear appeals to orders of many federal regulatory agencies

Answer 7

Courts of appeal

Question 8

The pinnacle of the judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in the law

Answer 8

Supreme Court

Question 9

An unwritten tradition where nominations for state-level federal judicial posts are not confirmed when opposed by a senator of the president’s party from the state in which the nominee will serve. The tradition also applies to courts of 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. They are 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

Answer 11

Opinion

Question 12

A Latin phrase meaning, “Let the decision stand” that means an earlier decision should hold for the case being considered

Answer 12

Stare decisis

Question 13

How similar cases have been decided in the past (guide to current decisions).

Answer 13

Precedents

Question 14

Judges and Justices should attempt to determine the intent of the framers of the Constitution regarding a particular matter and decide cases in line with that intent (strict constructionism).

Answer 14

Original intent

Question 15

How and whether court decisions are translated into actual policy, thereby affecting the behavior of others

Answer 15

Judicial implementation

Question 16

The 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

Answer 16

Marbury v. Madison

Question 17

The power of the courts to determine whether acts of Congress are in accord with the U.S. Constitution

Answer 17

Judicial review

Question 18

The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions

Answer 18

United States v. Nixon

Question 19

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

Answer 19

Judicial restraint

Question 20

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground

Answer 20

Judicial activism

Question 21

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 21

Political questions

Question 22

The judicial interpretation of an act of Congress

Answer 22

Statutory construction