CH. 14 Federal Court System Key Terms = Ms. Kirk's AP Gov't classes

Defendant

An individual or group being sued by a plaintiff or charged with a crime by a prosecutor.

Solicitor General

Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.

Marbury v. Madison (1803)

(1803) Marbury was a midnight appointee of the Adams administration and sued Madison for commission. Chief Justice Marshall said the law that gave the courts the power to rule over this issue was unconstitutional. Established judicial review

McCulloch v. Maryland

- An important decision of the Supreme Court in 1819 that established the key concepts of implied powers, broad construction of the Constitution, and supremacy of the national government

Amicus curiae briefs

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a law suit, who may file legal briefs or make oral arguments in support of one side.

Stare Decisis

A Latin term meaning "let the decision stand." The practice of basing judicial decisions on precedents established in similar cases decided in the past. "The decision stands". A rule in deciding cases where judges follow precedent (how similar cases were decided in the past). Helps promote consistency and fairness in the legal process. Lower courts must follow precedent set by higher courts. Supreme Court can reject precedent if absolutely necessary (Example: Brown rejects precedent of Plessey).

Writ of certiorari

A Latin term meaning "made more certain." An order issued by a higher court to a lower court to send up the record of a case for review. Most cases reach the Supreme Court through the writ of certiorari, issued when at least four of the nine justices feel that the case should be reviewed. An order by the Supreme Court saying that it will hear a certain case (rule of 4). Granted in cases that raise important constitutional questions or where circuit courts have reached different opinions on a particular issue.

Dissenting Opinion

A Supreme Court opinion by one or more justices in the minority to explain the minority's disagreement with the Court's ruling. An opinion that disagrees with the conclusion of the majority opinion of the Court.

Concurring Opinion

A Supreme Court opinion by one or more justices who agree with the majority's conclusion, but for different reasons. Written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision

Majority Opinion = Opinion of the Court

A Supreme Court opinion written by one or more justices in the majority to explain the decision in a case. Officially called the Opinion of the Court; announces the Court's decision in a case and sets out the reasoning upon which it is based.

Legislative Courts

A court that is created by Congress for some specialized purpose and staffed with judges who do not enjoy the protection of Article 3 of the Constitution. Legislative courts include the Court of Military Appeals and the US territorial courts.

Constitutional Courts

A federal court exercising the judicial powers found in Article 3 of the Constitution and whose judges are given constitutional protection; they may not be fired (they serve during "good behavior"), nor may their salaries be reduced while they are in office. They most important constitutional courts are the Supreme Court, the 94 district courts, and the 12 courts of appeal (one in each of the regions plus 1 in Washington D.C.)

Remedy

A judicial order preventing or redressing a wrong or enforcing a right. The relief given to an innocent party to enforce a right or compensate for the violation of a right.

Brief

A legal document prepared by an attorney representing a party before a court. The document sets forth the facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases.

In forma pauperis

A procedure whereby a poor person can file and be heard in court as a pauper, free of charge. A petition that allows a party to file "as a pauper" and avoid paying Court fees

Original Intent

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view. Making judicial decisions by considering what the founding fathers meant in the Constitution

Judicial Activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court). Philosophy that the Supreme Court must correct injustices when other branches of government or the states refuse to do so.

Federal-question Case

Cases concerning the Constitution, federal law, or treaties over which the federal courts have jurisdiction as described in the Constitution. Reason why a case would be heard in a federal court due to subject matter of the case.

Diversity Case

Cases involving citizens of different states over which the federal courts have jurisdiction as described in the Constitution. Reason why a case would be heard in a federal court due to the parties involved (plaintiff or defendant). Permits a federal court to hear a case involving questions of state law if the opposing parties are citizens of different states

Suspect classifications

Classifications of people on the basis of their race and ethnicity. The courts have ruled that laws classifying people on these grounds will be subject to "strict scrutiny." Categorization of a particular racial or ethnic group that will be closely scrutinized by the courts to see whether its use is unconstitutional

Precedent

Court decision that stands as an example to be followed in future, similar cases. A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.

Litmus Test

In chemistry a way of finding out whether a liquid is acid or alkaline. The term is used in politics to mean a test of ideological purity, a way of finding out whether a person is a dyed-in-the-woods liberal or conservative or what his or her views are on a controversial issue such as abortion or gun control.

Judicial Restraint

Philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law. Holds that the Court should avoid taking the initiative on social & political questions. The Court should operate strictly within the limits of the Constitution.

Senatorial courtesy

Presidential custom of submitting the names of prospective appointees to a federal district court for approval by the senators from the states in which the appointees are to work. An unwritten tradition whereby the Senate will not confirm nominations for lower court positions that are opposed by a senator of the president's own party from the state in which the nominee is to serve.

United States v. Nixon (1974)

The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions. Struck down Nixon's claim of executive privilege for Watergate tapes.

Judicial Review

The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional. Established in Marbury v. Madison (informal amendment to Constitution)

Courts of Appeal

The federal courts with authority to review decisions by federal district courts, regulatory commissions, and certain other federal courts. Such courts have no original jurisdiction; they can only hear cases on appeal. There are a total of 12 courts of appeal in the United States and its territories.

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. Trial courts (District Courts in federal system) assess the facts in a case and issue the first decision (guilt, innocence). Supreme Court has original jurisdiction over disputes between 2 states, or if a federal officer is a plaintiff or defendant.

Appellate Jurisdiction

The jurisdiction of courts to hear appeals from lower trial/district courts or lower appellate courts. Appellate courts determine whether cases were decided correctly by the court below. Circuit courts have mandatory appellate jurisdiction (they have to hear appeals from District Courts). Supreme Court has discretionary appellate jurisdiction (they can CHOOSE to hear appeals from Circuit Courts and State Supreme Courts). These courts do not review the factual record, only the legal issues involved.

District Courts

The lowest federal courts where federal cases typically begin. They are the only federal courts where trials are held. There are a total of 94 district courts in the United States and its territories.

Plaintiff

The party that initiates a lawsuit to obtain a remedy for an injury to his or her rights. A person who brings a case against another in a court of law. In the Supreme Court, the plaintiff is usually called a "petitioner."

Strict Scrutiny

The standard by which the Supreme Court judges classifications based on race. To be accepted such a classification must be closely related to a "compelling" public purpose. Supreme Court guideline for determining if government can make racial distinctions. According to this guideline, such distinctions are highly suspect and are allowed only if they are narrowly tailored to serve a compelling government interest.

Strict constructionist

The view that judges should decide cases on the basis of the language of the Constitution. An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers (aka "original intent")

Loose constructionist = Liberal constructionist

The view that judges should discern the general principles underlying the Constitution and its often vague language and access how best to apply them in contemporary circumstances, in some cases with the guidance of moral or economic philosophy. Approach to constitutional interpretation that allows the federal government to take actions in order to meet the needs of changing times as long as the constitution does not specifically forbid it from taking.

Rule of Four

the Supreme Court's longstanding tradition of agreeing to hear a case if at least four justices favor its review.