Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Standing to sue
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.
Class action suits
Lawsuits permitting a small number of people to sue on behalf of all other people similarly siturated.
A requirement that to be herd 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.
Amicus curiae briefs
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 he formal parities. These briefs attempt to influence a court's decision.
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
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.
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.
Courts of appeal
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. Compare to district courts.
The pinnacle of the American judicial system. 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 it's own agenda.
An unwritten tradition whereby nominations for stat-level federal judicial posts are not confirmed if they are 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.
A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government.
A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself.
A Latin phrase meaning "let the decision stand". Most cases reaching appellate courts are settled on this principal. Basically a decision of an earlier (similar) case holds for the new case. Think precident.
How similar cases have been decided in the past. Provide a guide to current decisions.
A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.
3 overturned cases to know
- 1.) Plessy vs Ferguson (1989) Brown vs. Board of Ed 54
- 2) Betts v. Brady
- Gidieon vs Wainwright (63
- 3) Furman vs Georgia
- Gregg vs Georgia
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.
Marburry v Madison
This 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 US constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.
- 1) Lawyers are responsible to maintain knowledge of law.
- 2) Local Officials - give briefings to officials.
- 3) Informing citizen (hardest)
The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S Constitution. Judicial review was established by John Marshall and his associates in Marbur v. Madison.
Historical Review (NEED TO KNOW!!!!) (on chapter and ap test)
- 1) Marshall Court -
- Chief- John Marshall
- Cases: Marburry v. Madison
- did: defining constitution
- 2) Warren Court ('53-'69)
- dealt w/: public policy, segregation, rights of a defendant
- 3) Burger Court
- cases: US v. Nixon
- dealt with :"strict constructionism" (clearly defining specific laws)
- 4) Rehnquist Court
- cases: Bush v. Gore
- dealt with: more conservative decisions, defendants rights, abortion, search and seizure, minorities,