judiciary branch

article III

Establishes the Judicial Branch

federalist no. 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches

amicus brief

A submission to the court from an amicus curiae, or "friend of the court," an interested individual or organization who is not party in the case.

shadow docket

the use of emergency orders and summary decisions by the Supreme Court of the United States without oral argument

Judiciary Act of 1789

A law passed by the first Congress to establish the federal court system.

appointment clause

The president has the right to appoint key federal officials

Marbury v Madison

Established judicial review

State Decisis

A Latin phrase meaning "let the decision stand."

Judiciary Act of 1925

gave SCOTUS discretion when granting "cert", "rule of 4":all it takes is 4/9 to hear a case

Moore v Harper

Supreme Court ruled that the Federal Elections Clause does not allow state legislatures to make rules for federal elections on their own. This case originated from a question regarding gerrymandering in North Carolina.

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.

Majority Opinion

a statement that presents the views of the majority of supreme court justices regarding a case

dissenting opinion

An opinion disagreeing with a majority in a Supreme Court ruling.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

per curiam opinion

a brief, unsigned court opinion

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

textualism

An approach to interpreting the Constitution that relies on a literal, "plain words" reading of the document

originalism

A view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservatives support this view.

judicial review

Allows the court to determine the constitutionality of laws

rule of four

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

solicitor general

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.

attorney general

the head of the department of justice

chief justice

justice on the Supreme Court who presides over the Court's public sessions

litmus test

A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.

original jurisdiction

the authority to hear cases for the first time

social construction and policy design

describes the US political system's failure to solve major problems including poverty, crime, racism, sexism, and unequal access to healthcare and education.

standing (to sue)

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

writ of mandamus

Court order directing an official to perform an official duty.

affirmance by necessity

occurs when a tie results because a justice has disqualified his/herself or cannot attend the trial. PREVIOUS court's decision is affirmed. Cases CAN be re-brought to the supreme court.

en forma pauperis petition

A petition for a case that is trying to be seen by the Sup. Court by a litigant that cannot afford a writ of certiorari, with the goal of being granted by the supreme court and taken to that level. If granted, the gov. will pay for the transcript xeroxing and the mandatory fining fee (from the writ of certiorari).

chisholm v georgia

A Supreme Court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789.

senate judiciary committee

holds hearings for all federal judicial nominations

the friday conference

holds hearings for all federal judicial nominations

oral arguments

spoken presentations made in person by the lawyers of each party to a judge or an appellate court outlining the legal reasons their side should prevail

appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

appellate jurisdiction

The authority of a court to review decisions made by lower courts

dual court system

a court system made up of both federal and state courts

actual harm test

law suit must be based on a legit injury that is concrete and documented

lujan v defenders of wildlife

Solidifies the idea of standing (constitutional standing)

justiciable dispute

A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.

plain meaning rule

A rule of interpretation which states that words in a contract should be given their ordinary meaning.

political questions doctrine

maintains that the courts should not intrude into disputes that should be more appropriately resolved by two popularly elected branches of the gov.; Luther v. Borden