Chapter 16 flashcards.txt

  1. standing to sue
    • the requirement that plaintiffs have a serious interest in a case,
    • depends if in danger of injury or possible, substantial and direct injury
    • *cases w/ Rel. and govt $ do NOT need this requirement (bc ppl = taxpayers)
  2. class action suits
    • lawsuits permitting small # of ppl to sue on behalf of all other ppl similarily situated
    • HELPFUL IN: civil rights, environmental protection
  3. justiciable disputes
    a requirement that to be heard a case must be capable of being settled by legal methods
  4. interest groups and litigation
    • wish to shape policy through court
    • EX/NAACP in Brown v. BOE
    • Amn Civil Liberties Union
  5. amicus curiae briefs
    • ("friend of the court")
    • supporting legal briefs that bring in points of view and info not in briefs of formal parties.
    • influence court decision
    • EX/ 58 of these to court about Bakke case
  6. legislative courts
    • for specialized purposes
    • judges are open to salary deductions, and removal
    • EX/ court of military appeals, court of claims , tax court
  7. original jurisdiction
    • 1. case heard first usually in trial
    • determine if facts about case like whether civil or criminal
  8. appellate jurisdiction
    • hear appealed cases from lower courts
    • Review legal issues, NOT factual issues
  9. district courts (91)
    • courts of original jurisdiction (no appeals heard)
    • only fed. courts with juries as an option in trial
    • these cases encompass:
    • 1. fed. crimes
    • 2. civil suits under fed. law
    • 3. civil suits between citizens of dif. states where the amount in question > $50,000
    • 4. supervision of bankruptcy proceedings
    • 5. review of actions of some fed. administrative agencies
    • 6. admiralty and maritime law cases
    • 7. supervision of naturalization of aliens
    • each court has pres. appointed and Senate confirmed U.S. attorney for prosecuting violations of civil law and representing U.S. govt in civil cases
  10. courts of appeal
    courts empowered to review all final decisions of district courts w/ rare excpetions and appeals to fed. regulatory agencies
  11. u.s. Supreme court
    • pinnacle of amn judicial court
    • ensures uniformity in interpreting national laws
    • resolves state conflicts,
    • maintains national supremacy
    • EX/ in 1984, created guidelines to reduce wide disparities in punishment for similar crimes tried in fed. courts
  12. process of judicial selection
    • 1. pres. appoints justice
    • 2. Senate must confirm by majority vote
  13. senatorial courtesy
    • unwritten tradition whereby nominations for state -level fed. judicial posts are not conformed if they are opposed by a senator from state in which nominee will serve.
    • if senator = NOT same party as president, party's state congresspersons or other state party leaders will make suggestions
  14. opinion `
    • statement of legal reasoning behind a judicial decision
    • content of opinion =importance as decision itself
  15. stare decisis
    • "let the decision stand"
    • vast majority of appellate courts are settled on this principle
  16. precedents
    how similar cases have been decided in the past
  17. original intent
    • view that Constitution should be interpreted according to original intent of framers
    • many conservatives for this view
  18. judicial implementation
    how and whether court decisions are interpreted into actual policy, thereby affecting behavior of others
  19. Marbury v. Madison
    • cast that determined Supreme Court determines the meaning of U.S. Constitution (judicial review)
    • Judiciary Act of 1789
  20. judicial review
    • power of courts to determine whether acts of Congress and by implication the executive, are in accord w/ U.S. Const.
    • est. in Marbury v. Madison
  21. "nine old men"
    • viewed Congress phase of passing dozen of laws during Depression as socialism and unconstitutional
    • "court packing plan" never passed, Roosevelt attempted to add a justice that wasn't over 70 like the rest
  22. warren court (1953-1969)
    • integration
    • def. rights to right to counsel, against self-incrimination and unreasonable search,
    • reapportion legislatures and congressional districts to one person, one vote
    • outlawed organized prayer
  23. burger court
    • conservative
    • abortion decision in Roe v. Wade
    • school buses eliminate historical segregation
    • upheld affirmative action in Weber case
  24. Rehnquist Court
    • court no longer special protector of ind. liberties
    • deferred to will of majority and rules of govt
  25. judicial restraint
    • judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
    • argument: since least democratic branch bc judges are not elected, they should not bear weight of policy making
  26. judicial activism
    • judicial philosophy opposite of jud. restraint when they make bold decisions, even charting new constitutional ground
    • courts correct pressing needs, esp. ones that are pol. weak that have been unmet by pol. process
  27. political questions
    • doctrine developed by federal courts, used to avoid deciding some cases, principally ones involving conflicts between the pres. and Congress
    • EX/ Refused to declare whether or not it was constitutional to carry out war in Vietnam w/out a declaration of war from Congress
  28. statutory construction
    • judicial interpretation of an act of Congress
    • when sometimes this=issue, Congress passes new legislation to clarify existing laws
Card Set
Chapter 16 flashcards.txt
judicial branch