Gov 16.txt

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Gov 16.txt
2012-01-08 02:00:47
gov chapter 16

gov chapter 16
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  1. Standing to sue
    Plaintiffs have a serious interest in the case
  2. Class action lawsuits
    Lawsuits permitting a mall number of people to sue on behalf of all other people in unilateral situations
  3. Justiciable disputes
    Case must be able to be solved by law
  4. Amicus curiae briefs
    Legal briefs submitted to raise additional points not contained in the parties briefs
  5. Original jurisdiction
    Courts that hear the case first usually in trial
  6. Appellate jurisdiction
    • Courts that hear cases on appeal
    • Only review legal issues not factual record
  7. District courts
    • 91 courts
    • Only federal courts where trials are held and juries impaneled
  8. Courts of appeal
    Appellate courts that review decisions of district courts
  9. Supreme Court
    • Uniformity in interpreting national law, resolves state conflicts
    • Controls its agenda
  10. Senatorial courtesy
    Nominations for state-level federal judicial posts aren't confirmed if opposed by a senator of the president's party from the state the judge will serve in
  11. Solicitor general
    • Presidential appointee
    • Third ranking office in the Department of Justice
    • In charge of appellate court litigation
  12. Opinion
    Statement of legal reasoning behind a judicial decision
  13. State decisis
    Let the decision stand
  14. Precedent
    How similar cases were decided in the past
  15. Original intent
    Constitution should be interpreted by original intent of the Framers
  16. Judicial implementation
    • Whether court decisions become policies
    • Courts rely on other units of gov't to enforce decisions
  17. Marbury v. Madison
    • 1803 asserted rights of the Supreme Court
    • Established judicial review
  18. Judicial review
    Power of the court to determine the constitutionality of acts of Congress
  19. US v. Nixon
    1974 doctrine of executive privilege was in the Constitution but couldn't protect document in criminal proceedings
  20. Judicial restraint
    Judges play minimal policymaking roles
  21. Judicial activism
    • Judges make bold policy decisions
    • New constitutional ground
  22. Political questions
    • Avoid deciding some cases
    • Especially between Congress and the president
  23. Statutory construction
    Judicial interpretation of Congressional acts