Week 11: VOCABULARY (29 terms provided)

Keeping a list of key historical terms for each chapter will provide you with a good
review tool for exams. A few key terms from the readings have been provided for you
here, and you should identify other key terms from the readings that are important. For
each term, note the definition, IN YOUR OWN WORDS, as well as the term's
historical significance (how it has evolved over time – when possible to do so).

Your definitions should be 1-2 sentences – minimum.

ADD UP TO 5 ADDITIONAL TERMS FROM YOUR READING.

USE A DIFFERENT FONT COLOR FOR YOUR DEFINITIONS.

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NAME: Maryssa Lyons

Date:
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1. Solicitor General It is a presidential appointee and the third-ranking office in the
Department of Justice. The solicitor general is in charge of the appellate court litigation
of the federal government.
2. Judicial Implementation It is the application of the court orders that are obligatory and
those who do not follow can be held in contempt of court.
3. Opinion It is a statement of legal reasoning behind s judicial decision. The content of an
opinion may be as important as the decision itself.
4. Litigant It is a party to a lawsuit; someone involved in litigation; plaintiffs and defendants
are both litigants.
5. Common law It is law based on precedent.
6. Justiciable disputes They are 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.
7. Precedent It is previous court ruling which current rulings are based off of.
8. Statutory Construction It is the process by which courts interpret the meaning of statutes,
or the actual process or act of interpreting a statute’s meaning.
9. Civil law It is the law concerning non criminal acts; it purely concerns disputes between
two parties.
10. William Rehnquist He is an American lawyer, jurist, and political figure who served as an
Associate Justice on the Supreme Court of the United States and later as the 16th Chief
Justice of the United States. Considered a conservative, Rehnquist favored a conception
of federalism that emphasized the Tenth Amendment's reservation of powers to the
states.
11. Standing to sue It is 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.
12. Class action suits They are lawsuits permitting s small number of people to sue on
behalf of all other people similarly situated.
13. amicus curiae briefs They are legal briefs 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.
14. original jurisdiction It is the jurisdiction of courts that hear a case first, usually in a trial.
These are the courts that determine the facts about case.
15. district courts It is 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.
16. courts of appeal The appellate courts empowered to review all final decisions of district
courts, except in rare cases. In addition, they also hear appeals to orders of many
federal regulatory agencies. They can be compared to district courts.
17. Supreme Court It is the pinnacle of the American judicial system. The Court ensures
uniformity in interpreting national laws, resolves conflicts among states, and maintains
national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but
unlike other federal courts, it controls its own agenda.
18. senatorial courtesy It is an unwritten tradition whereby nominations for state-level federal
judicial posts are not confirmed if they are opposed by a senator of the president’s party
from the state in which the nominee will serve. The tradition also applies to courts of
appeal when there is opposition from the nominee’s state senator.
19. stare decisis It is a latin phrase meaning “let the decision stand.” Most cases reaching
appellate courts are settled on this principle.
20. precedents It is how similar cases have been decided in the past.
21. original intent It is a view that the Constitution should be interpreted according to the
original intent of the framers. Many conservatives support this view.
22. judicial implementation It is 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.
23. Marbury v. Madison It is 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 this case the Judiciary Act of 1789.
24. judicial review It is the power of the courts to determine whether acts of Congress, and
by implication the executive, are in accord with the U.S. Constitution. John Marshall and
his associates in Marbury v. Madison established judicial review.
25. United States v. Nixon It is 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 prosecution.
26. judicial restraint It is a judicial philosophy in which judges play minimal policymaking
roles, leaving that duty strictly to the legislators.
27. judicial activism It is the judicial philosophy in which judges make bold policy decisions,
even chartering new constitutional ground, Advocates of this approach emphasize that
the courts can correct pressing needs, especially those unmet by the majoritarian
political process.
28. political questions They are the 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.
29. statutory construction It is the judicial interpretation of an act of Congress. In some cases
where statutory construction is an issue, Congress passes new legislation to clarify
existing laws.

ADDIITONAL TERMS:
1. plaintiff: It is the person who is the victim in the case.
2. defendant: it is the person who is being charged with the crime.
3. appellate jurisdiction: It is 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.
4. jury: the group of nonbiased individuals who are citizens and are responsible for
determining the outcome of a lawsuit.
5. litigator: A litigator is a lawyer who specializes in criminal or civil litigation. Litigators
represent plaintiffs and defendants in hearings, arbitrations and mediations as well
as jury and non-jury trials