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Gov 12, 16
| Term | Definition |
|---|---|
| standing to use | The 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. |
| class action suits | Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated. |
| justiciable disputes | 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. |
| amicus curiae briefs | Legal briefs (not boxers) submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision. |
| 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. |
| appellate jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. |
| district courts | The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled. |
| courts of appeal | Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of man federal regulatory agencies. Compare district courts. |
| Supreme Court | The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflict among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike fed |
| senatorial courtesy | An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition fr |
| solicitor general | A presidential appointee and the third-ranking office in the Department of Justice. In charge of the appellate court litigation of the federal government. |
| opinion | A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself. |
| stare decisis | A Latin phrase meaning “let the decision stand.” The vast majority of cases reaching appellate courts are settled on this principle. |
| precedent | How similar cases have been decided in the past. |
| original intent | A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view. |
| judicial implementation | How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions. |
| Marbury v. Madison | The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, in |
| judicial review | The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution. Judicial review was established by John Marshall in his associates in Marbury v. Madison. See also judicial interpre |
| United States v. Nixon | 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. |
| judicial restraint | A political philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures. |
| judicial activism | A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. |
| political questions | A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress. |
| statutory construction | The judicial interpretation of an act of Congress. In some cases where it is an issue, Congress passes new legislation to clarify existing laws. |
| incumbents | Those already holding office. In congressional elections, incumbents usually win. |
| casework | Activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get. |
| pork barrel | The mighty list of federal projects, grants, and contracts available to cities, businesses, colleges, and institutions available in a congressional district. |
| bicameral legislature | A legislature divided into two houses. The U.S. Congress and every American state legislature except Nebraska’s are bicameral. (Wtf Nebraska.) |
| House Rules Committee | An institution unique to the House of Representatives that reviews all bills (except revenue, budget, and appropriation bills) coming from a House committee before they go to the full House. |
| filibuster | A strategy unique to the Senate whereby opponents to a piece of legislation try to talk it to death, based on the tradition of unlimited debate. Today, 60 members present and voting can halt a filibuster. |
| Speaker of the House | An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant. |
| majority leader | The principal partisan ally of the Speaker of the House or the party’s wheel horse in the Senate. Responsible for scheduling bills, influencing committee assignments, and rounding up votes in behalf of the party’s legislative positions. |
| whips | Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party. |
| minority leader | The principal leader of the minority party in the House of Representatives or in the Senate. |
| standing committees | Separate subject-matter committees in each house of Congress that handle bills in different policy areas. |
| joint committees | Congressional committees on a few subject-matter areas with membership drawn from both houses. |
| conference committees | Congressional committees formed when the Senate and the House pass a particular bill in different forms. Party leadership appoints members from each house to iron out the differences and bring back a single bill. |
| select committees | Congressional committees appointed for a specific purpose, such as the Watergate investigation. |
| legislative oversight | Congress’s monitoring of the bureaucracy and its administration of policy, performed mainly through hearings. |
| committee chairs | The most important influencers of the congressional agenda. They play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house. |
| seniority system | A simple rule for picking committees chairs, in effect until the 1970s. The member who had served on the committee the longest and whose party controlled Congress became chair, regardless of party loyalty, mental state, or competence. |
| caucus | A group of members of Congress sharing some interest or characteristic. Most are composed of members from both parties and from both houses. |
| bill | A proposed law, drafted in precise, legal language. Anyone can draft a bill, but only a member of the House of Representatives or the Senate can formally submit a bill for consideration. (Oops got that question wrong.) |
Created by:
alan85067
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