Judicial Branch Vocabulary

Judicial Restraint

The view that judges should decide cases strictly on the basis of the language of laws and the Constitution.

Judicial Activism

The view that judges should apply the principles and provisions of the Constitution to modern circumstances

Constitutional courts

Federal courts authorized by Article III of the Constitution that keeps judges in office for life during good behavior.

District courts

The lowest Federal courts that have original jurisdiction over most federal cases.

Courts of Appeals

Federal courts that hear appeals from district courts. They review each case for possible errors.

Supreme Court

The highest court in the United States, made up of nine justices.

Legislative courts

Courts created by Congress for specialized purposes, such as the U.S. Tax Court.

Litmus test

A consideration of the political ideology of a nominated judge.

Judicial Review

the power of the courts to declare laws unconstitutional.

Writ of certiorari

An order by a higher court directing a lower court to send up a case for review.

Marbury v. Madison

Landmark supreme court case that established the court’s power of judicial review.

Plantiff

The party that initiates a lawsuit.

Standing

A legal rule stating who is authorized to start a lawsuit

Precedent

The principles set by the court in one case that will be used as the basis for deciding future cases.

Class-action suit

A case brought by an individual that will impact that person and all others similar situated.

Original jurisdiction

The authority of a court to hear a case first.

Appellate Jurisdiction

The authority of a court to hear a case brought to them on appeal from a lower court.

Brief

a written statement by an attorney that summarizes a case and the laws and rulings that support it.

Amicus Curiae Brief

a brief submitted by a “friend of the court” to provide the court with additional information on a case.

Opinion of the Court/ Majority Opinion

The judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the court’s decision.

Concurring opinion

a signed opinion in which one or more members agree with the majority view, but for different reasons.

Dissenting opinion

A signed opinion that features the perspective of those justices who disagreed with the majority opinion.

Stare decisis

“Let the decision stand” or allowing prior rulings to determine the court’s stand on a current case.

Senatorial Courtesy

Unwritten custom that the Senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve.

Tule of Four

In order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard.

Amendment

A new addition to the Constitution that has been proposed by Congress and ratified by the states.