Gov Unit 5 Supreme Court Vocab

Article III

The section of the U.S. Constitution that establishes the judicial branch of the federal government, vesting judicial power in one Supreme Court and in such inferior courts as Congress may establish. It also outlines federal court jurisdiction, and guarantees judges life tenure and salary protection.

judicial review

The power of the courts, established in Marbury v. Madison, to determine whether an act of Congress, an act of the executive branch, or a state law is constitutional.

stare decisis

A Latin phrase meaning "let the decision stand," this is the legal principle of using precedent to decide current cases, which promotes stability and predictability in the law.

precedent

A prior court ruling that serves as an example or authority for deciding subsequent cases involving identical or similar legal issues or facts.

judicial activism

A judicial philosophy holding that the courts should be willing to overturn precedent, strike down laws, or use their power to promote social goals and interpret the Constitution as a "living document."

judicial restraint

A judicial philosophy holding that judges should hesitate to strike down laws unless they are clearly unconstitutional, deferring to the decisions of the elected legislative and executive branches.

original jurisdiction

The authority of a court to hear a case for the first time. The Supreme Court has original jurisdiction in cases involving states as parties or those affecting ambassadors.

appellate jurisdiction

The authority of a court to review, amend, or overrule decisions of a lower court. The vast majority of the Supreme Court's caseload comes from its appellate jurisdiction.

brief

A written legal document presented to a court by a party in a case, arguing why the court should rule in their favor by outlining the facts, legal arguments, and relevant precedents.

standing

The legal requirement that a party must have a sufficient stake in a controversy (i.e., have suffered a direct and tangible harm) to be able to bring a lawsuit.

writ of certiorari

An order from a higher court (like the Supreme Court) to a lower court, directing it to send up the record of a case for review. This requires the agreement of at least four justices (the "Rule of Four").

opinion of the court

The written explanation of a court's decision

the majority opinion

(the official ruling of the court, explaining the legal reasoning of the justices who voted in the majority)

dissenting opinion

(written by one or more justices who disagree with the majority's decision)

concurring opinion

(written by a justice who agrees with the majority's final decision but for different legal reasons)

unanimous opinion

(a majority opinion where all justices agree).