Questions and Answers
What are class action suits?
What are amicus curiae briefs?
Legal briefs submitted by a 'friend of the court' to influence a court's decision.
What is original jurisdiction?
The jurisdiction of courts that hear a case first, usually in trial.
What is appellate jurisdiction?
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What are district courts?
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What are courts of appeal?
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What is the Supreme Court?
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What is senatorial courtesy?
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What is the rule of four?
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What is a writ of certiorari?
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Who is the solicitor general?
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What is an opinion in legal terms?
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What is a dissenting opinion?
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What is a concurring opinion?
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What does stare decisis mean?
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What is precedent in legal context?
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What is judicial implementation?
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Who was John Marshall?
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What is Marbury v. Madison known for?
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What is judicial review?
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What is judicial restraint?
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What is judicial activism?
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What is political activism?
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Study Notes
Class Action Suits
- Involve lawsuits where a small group represents a larger group in similar circumstances, promoting efficiency in legal proceedings.
Amicus Curiae Briefs
- Submitted by "friends of the court" to provide additional perspectives and influence court decisions with information not presented by the formal parties.
Jurisdictions
- Original jurisdiction refers to courts that hear a case first, establishing the facts, while appellate jurisdiction handles appeals without reviewing factual records.
Federal Court System
- District courts are federal courts with original jurisdiction where trials occur and juries are empaneled.
- Courts of appeal review final decisions from district courts and some federal regulatory agency orders.
Supreme Court
- The highest court in the U.S., ensuring consistent interpretation of national laws, resolving state conflicts, and holding both original and appellate jurisdiction.
Senatorial Courtesy
- An unwritten tradition preventing the confirmation of judicial nominees opposed by a senator from the president's party in the nominee's home state.
Rule of Four
- A Supreme Court case requires the agreement of four justices to be heard, ensuring a minority can influence the court's agenda.
Writ of Certiorari
- A formal request to the Supreme Court to review a lower court's decision.
Solicitor General
- A presidential appointee leading federal government litigation in appellate courts, ranked third in the Department of Justice.
Opinions
- An opinion provides legal reasoning for a judicial decision; dissenting opinions express disagreement with the majority, while concurring opinions support the majority verdict but differ in reasoning.
Stare Decisis and Precedent
- Stare decisis means "let the decision stand," guiding appellate court decisions based on prior rulings, while precedents are past case decisions that inform future rulings.
Judicial Implementation
- The process of translating court decisions into actual policies, relying on other government entities for enforcement.
John Marshall
- Served as Chief Justice from 1801-1835, presiding over landmark cases including Marbury v. Madison and McCulloch v. Maryland, shaping the judicial system.
Marbury v. Madison
- A pivotal 1803 Supreme Court case establishing judicial review, allowing the court to invalidate congressional acts conflicting with the Constitution.
Judicial Review
- The ability of courts to assess whether legislative and executive actions align with the Constitution.
Judicial Philosophies
- Judicial restraint emphasizes limited judicial involvement in policymaking, whereas judicial activism advocates for bold policy decisions to address unmet needs.
Political Activism
- Encompasses active participation in politics through campaigning, voting, and supporting political parties or platforms.
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Explore key terms and concepts related to class action suits and political activism with these flashcards. Enhance your understanding of legal proceedings and the impact of amicus curiae briefs in shaping court decisions. Perfect for AP Government exam preparation!