AP Gov Chapter 16, Part II
Explain the significance of stare decisis.
-"let the decision stand" or allowing prior rulings to control the current case -informal rule to keep courts from changing their minds so often -if the meaning of the law continually changes, then decisions are unpredictable and the justices unreliable -keeps equal justice
What is a class action suit? What are the pros and cons of having class action suits?
-a case brought into court by someone to help both themself and all others who are similarly situated -pros: represents everyone represented in the case (in the same situation); powerfully affect how courts make public policy -cons: hard to obtain (everyone represented must be notified)
What is standing? Summarize the rules regarding standing.
-a nonfinancial restriction on getting into federal court -a legal rule stating who is authorized to start a lawsuit -there must be real controversy between real adversaries -you must show that you have been harmed by the law or practice -you are not entitled to challenge the constitutionality of a federal action just because you are a taxpayer
What is a writ of certiorari? When is the Supreme Court likely to grant certiorari?
-an order by a higher court directing a lower court to send up a case for review -cases decided by lower federal/state courts in which a federal/constitutional question has been raised -two or more of the federal circuit courts of appeals have decided one issue two different ways -the highest court in a state has held a federal or state law to be unconstitutional
List and explain the checks on judicial power from both the other branches of government and public opinion.
-appointed positions confirmed by the Senate -judge has no police force or army to enforce decisions -congress can alter the composition of the courts by the kinds of appointments it confirms -congress can alter the number of judges -congress and the states can undo a supreme court decision by amending the constitution -congress decides jurisdiction of lower courts and can threaten to withdraw jurisdiction -opinion restrains and energizes courts -opinion and historical cases are kept in mind to make decisions that are fit to modern day as well as maintain stare decisis
What is the role of the Solicitor General?
-government's top trial lawyer, appears frequently before the supreme court -third-ranking officer at the department of justice -decides what cases the government will appeal from lower courts and personally approves every case the government presents to the supreme court
What is an amicus curiae brief and why are these important?
-in addition to arguments made by lawyers, briefs from "a friend of the court" or interested party -sometimes offer new arguments, lobbying of the court that declares which interest groups are on which side, influence justice's views
In what ways does the court make policy?
-make policy by reinterpreting the constitution, extending the reach of existing laws to cover new matters, or remedies for problems that involve judge's action, either administratively or legislatively -declaring a law unconstitutional or revising versions of the law -stare decisis, allowing prior decisions to control the current case -political question: an issue that the supreme court allows the executive and legislative branches to decide -remedy: a judicial order enforcing a right or redressing a wrong
What are the different types of opinions the court issues?
-per curiam: brief, unsigned opinion -of the court: signed opinion of a majority of the supreme court -concurring: signed opinion in which one or more members agree with the majority view but for different reasons -dissenting: signed opinion in which one or more justices disagree with the majority view
