AP Government Chapter 16 Flashcards
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AP Government Chapter 16 Flashcards

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Questions and Answers

What does 'standing to sue' mean?

The requirement that plaintiffs have a serious interest in a case, depending on whether they have sustained or are likely to sustain a direct and substantial injury from another party or governmental action.

What are class action suits?

Lawsuits in which a small number of people sue on behalf of all individuals in similar circumstances.

What are justiciable disputes?

Issues capable of being settled as a matter of law.

What are amicus curiae briefs?

<p>Legal briefs submitted by a 'friend of the court' to influence a court's decision by presenting additional viewpoints and information.</p> Signup and view all the answers

What is original jurisdiction?

<p>The jurisdiction of courts that hear a case first, usually in a trial.</p> Signup and view all the answers

What is appellate jurisdiction?

<p>The jurisdiction of courts that hear cases brought to them on appeal from lower courts.</p> Signup and view all the answers

What are district courts?

<p>The 91 federal courts of original jurisdiction where trials are held and juries may be impaneled.</p> Signup and view all the answers

What are courts of appeal?

<p>Appellate courts that review final decisions of district courts and appeals to orders of many federal regulatory agencies.</p> Signup and view all the answers

What is the Supreme Court?

<p>The pinnacle of the American judicial system, ensuring uniformity in interpreting national laws.</p> Signup and view all the answers

What is senatorial courtesy?

<p>An unwritten tradition whereby nominations for state-level federal judicial posts are usually not confirmed if opposed by a senator from the president's party from the nominee's state.</p> Signup and view all the answers

What is a solicitor general?

<p>A presidential appointee and the third-ranking officer in the Department of Justice responsible for the federal government's appellate court litigation.</p> Signup and view all the answers

What is an opinion in the judicial context?

<p>A statement of legal reasoning behind a judicial decision.</p> Signup and view all the answers

What does 'stare decisis' mean?

<p>A Latin phrase meaning 'let the decision stand'.</p> Signup and view all the answers

What is precedent?

<p>How similar cases have been decided in the past.</p> Signup and view all the answers

What is judicial implementation?

<p>How and whether court decisions are translated into actual policy affecting behavior.</p> Signup and view all the answers

What is original intent?

<p>A view that the Constitution should be interpreted according to the original intent of the Framers.</p> Signup and view all the answers

What is judicial review?

<p>The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution.</p> Signup and view all the answers

What is judicial restraint?

<p>A judicial philosophy in which judges play minimal policy-making roles, leaving that duty to legislatures.</p> Signup and view all the answers

What is judicial activism?

<p>A judicial philosophy where judges make bold policy decisions and can correct pressing needs unmet by the political process.</p> Signup and view all the answers

What are political questions?

<p>A doctrine used by federal courts to avoid deciding certain cases, especially those involving conflicts between the president and Congress.</p> Signup and view all the answers

What is statutory construction?

<p>The judicial interpretation of an act of Congress.</p> Signup and view all the answers

What does 'per curiam' mean?

<p>A decision by the court as a whole rather than by a specific judge.</p> Signup and view all the answers

Study Notes

  • Standing to sue: Requires plaintiffs to show a serious interest in a case based on direct, substantial injury from another party or government action.
  • Class action suits: Lawsuits filed by a few individuals representing a larger group facing similar legal issues.
  • Justiciable disputes: Legal issues that can be resolved through the judicial system.

Court Processes and Jurisdictions

  • Amicus curiae briefs: Submissions by non-parties ("friends of the court") aiming to influence court decisions with additional viewpoints and information.
  • Original jurisdiction: The authority of courts to hear a case first, focusing on determining facts.
  • Appellate jurisdiction: Courts that review appeals from lower courts, concentrating on legal issues rather than factual records.

Structure of the Federal Court System

  • District courts: 91 federal courts of original jurisdiction where trials occur and juries may be involved.
  • Courts of appeal: Appellate courts that review final district court decisions and some regulatory agency orders.
  • Supreme Court: The highest court, ensuring uniformity in law interpretation and resolving state conflicts. Holds both original and appellate jurisdiction.

Judicial Nominations and Processes

  • Senatorial courtesy: Unwritten tradition of not confirming state-level federal judicial nominees opposed by a senator from the president's party representing that state.
  • Solicitor general: A presidential appointee responsible for managing appellate litigation for the federal government.
  • Opinion: A legal reasoning statement accompanying a judicial decision, often carrying significant weight.
  • Stare decisis: A principle of adhering to established precedents in judicial decision-making.
  • Precedent: Previous decisions serving as a guide for lower courts in similar cases.

Implementing Judicial Decisions

  • Judicial implementation: Refers to how court rulings are translated into policy and enforced by other government entities.

Theories of Constitutional Interpretation

  • Original intent: The belief that the Constitution should be interpreted based on the Framers' original intentions, favored by some conservatives.
  • Judicial review: The judiciary's authority to assess the constitutional validity of legislative and executive actions, established by Marbury v. Madison.
  • Judicial restraint: Philosophy advocating minimal judicial involvement in policymaking, deferring to legislative authority.
  • Judicial activism: Encourages judges to make proactive policy decisions and address unfulfilled needs in society through court rulings.
  • Political questions: A judicial doctrine for avoiding cases involving political disputes between Congress and the president.
  • Statutory construction: The interpretation of Congressional legislation by the judiciary, occasionally leading to new clarifications and law enactments.
  • Per curiam: A decision delivered in the name of the Court, rather than by a specific justice.

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Test your knowledge with these flashcards covering key terms from Chapter 16 of AP Government. This chapter discusses important legal concepts such as standing to sue and class action suits. Perfect for students preparing for exams or wanting to reinforce their understanding of government principles.

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