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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
standing to sue
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lawsuits permitting a small number of people to sue on behalf of all other people similarly situated
class action suits
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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
justiciable disputes
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legal briefs submitted by a friend of court for the purpose of raising additional points of view and presenting info not contained in the briefs of the formal parties
amicus curiae briefs
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the jurisdiction of courts that hear a case first, usually in a trial. these are the courts that determine the facts abouta case
original jursidiction
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the jurisdiction of courts that hear cases brought to them on appeal from lower courts. these courts do not review the factual record, only legal issues
appellate jurisdiction
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91 federal courts of original jurisdiction. only federal courts in which trial are held and in which juries may be impaneled
district courts
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appellate courts empowered to review all final decisions of district courts, except in rare cases.
courts of appeal
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pinnacle of american judicial system. intereprets laws, resolves conflicts among states and maintains national supremacy in law
supreme court
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unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed as if they are opposed by a senator of the presiden'ts party from the state in which the nominee will serve
senatorial courtesy
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presidential appointee and the third ranking office in the department of Justice
solicitor general
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latin phrase meaning let the decision stand.
stare decisis
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how similiar cases have been decided in the past
precedents
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a view that the constitution should be interpreted according to the original intent of the framers. many conservatives support this view
original intent
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how and whether court decisions are translated into actual policy, thereby affecting behavior of others
judicial implentation
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decision established Court's power of judicial review
Marbury v. Madison
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the power of court to determine whether acts of Congress, and by implicaton the executive, are in accord with the consititution.
judicial review
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court case that held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions
United States vs Nixon
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judicial philosophy in which judges play minimal policymaking roles, leaving it to legislatures
judicial restraint
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judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground.
judicial activism
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doctrine developed by the federal courts and used as means to avoid deciding some cases, mainly those conflicts between president and congress
political questions
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judicial interpretation of an act of Congress
statuatory construction
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