AP Gov Judicial Branch Vocab

Amicus curiae

“friend of the court” ; a person or organization offering the court additional information or perspective about the case

Civil Law

when you have not actually broken a law; to settle disputes, disagreements, etc.

common law

legal systems that rely on Court decisions and precedents as the primary source of law, rather than solely on written statutes or regulations

concurring opinion

someone who votes with the majority on a case but has a different reason for doing so

criminal law

deals with crimes or wrongs committed against the government. laws were broken

dissenting opinion

statement written by one or more judges expressing disagreement with the majority opinion of the court

judicial activism

the philosophy that judges must take an active role in promoting justice, even if it means stepping beyond traditional judicial boundaries and influencing legislative matters

judicial restraint

the principle that judges should limit their own power by adhering closely to precedent and deferring to the decisions of the legislative and executive branches

judicial review

the power of courts to examine the constitutionality of laws and executive actions, and to invalidate them if they conflict with the U.S. Constitution

litigation

the process of taking legal action or resolving disputes through the court system

majority opinion

a judicial opinion agreed to by more than half of the members of a court

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

precedent

how similar cases have been decided in the past; serves as a guiding principle

per curiam decision

A brief, unsigned (not attributed to any one judge) opinion issued by the Supreme Court to explain its ruling

rule of four

at least four Supreme Court justices must vote to consider a case before it can be heard

strict construction

an approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers

stare decisis

the philosophy that there must be a reliance on past decisions or precedents to formulate decisions in new cases

statutory law

written laws enacted by legislative bodies at the federal, state, and local levels

federal district courts

A system of courts established by the federal government to hear cases involving federal law, including constitutional issues and disputes between states.

original jurisdiction

court in which a case is first heard

Writ of certiorari 

an order issued by a higher court to review the decisions of a lower court

Writ of habeas corpus 

a legal order that requires a person who is holding another person in custody to bring the detainee before a court, ensuring that the detention is lawful