Unit 2 - Judicial

Amicus curiae

impartial advisor for case (friend of the court)

Civil law

law for disputes b/w people and ORGANIZATIONS (not going to jail)

Common law

law made by past court decisions (precedent) e.g. Roe v Wade

Concurring opinion (opposite of dissenting opinion)

judge agrees w/ result of the majority opinion but provides different reasoning.

Criminal law

prohibits conduct that threatens public safety & welfare (society)

Dissenting opinion

judge disagrees w/ majority

Judicial activism

judges make broad rulings to create social/political change; go beyond

Judicial restraint (related to strict construction)

judge interprets laws narrowly (LIMITED JUDICIAL POWER thought precedents and constitution) → avoid having personal preferences

Judicial review

power of courts to declare something UNCONSTITUTIONAL

Litigation

taking legal action (suing or going to court); interest groups

Majority opinion

offical ruling in court supported by more than ½ of justices

Political questions

issue left to Congress/President, courts refuse (war is up to Pres/Congress)

Precendent

past cases used as guide

Per curiam decision

solved really quickly (brief, unsigned decision “by the court”) & readily agreed upon

Rule of four

4/9 judges needed for writ of certiorari

Strict construction

narrow interpretation for law (limit only what is expressed in Constitution)

Stare decisis

requires courts to follow precedents set by previous decisions (to stand by things decided)

Statutory law

laws created by legislative, signed by executive (e.g. US Code - health)

Federal district courts

trial court (every thing starts here, initial for federal cases)

Original jurisdiction

courts authority to hear & decide a case for the first time (trial court to make initial decisions before appeals)

Writ of certiorari

supreme court order to review a lower court case (send it up; 4/9 justices vote=Rule of Four)

Writ of habeas corpus

court order requiring reason for detention (you have the body); DETENTION