Judicial Branch Unit 2 AP GOPO

Amicus Curaie

Amicus Curaie

a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Appellate Jurisdiction

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

Attorney General

the position of the head of the Justice Department and the chief law enforcement officer of the United States.

Binding Precedent

The decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction.

Certiorari

to be more fully informed

Civil Law

A law that governs relationships between individuals and defines their legal rights.

Class Action Lawsuit

cases that are brought to court by an individual who is representing not only themselves, but also others who have suffered similar experiences

Common Law

judge-made law that originated in England from decisions shaped according to prevailing custom.

Concurring Opinion

A written agreement with the majority opinion by a justice who agrees with the outcome, but for different reasons.

Criminal Law

A law that defines crimes against the public order

Defendant

a person or institution against whom an action is brought in a court of law.

Dissenting Opinions

An opinion disagreeing with a majority in a Supreme Court ruling

Dred Scott v. Sandford (1857)

the U.S. Supreme Court's ruling on March 6, 1857, that having lived in a free state and territory did not entitle an enslaved person, Dred Scott, to his freedom. In essence, the decision argued that, as someone's property, Scott was not a citizen and could not sue in a federal court.

Earl Warren

Chief Justice of the US that ruled racial segregation in public schools unconstitutional.

Fed 78

describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes. indicates that under the Constitution, the legislature is not the judge of the constitutionality of its own actions.

Injunction

a court order prohibiting a person from performing a particular act.

John Marshall

Former US secretary of state that asserted the judiciary's authority to expound the Constitution as paramount law and to hold the other branches accountable to that law

John Roberts

an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. He has been described as having a moderate conservative judicial philosophy, though he is primarily an institutionalist.

Judicial Activism

describes how a justice approaches judicial review, where judicial activists abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies

Judicial Restraint

the assumption that the courts should defer to the decisions made by the legislative and executive branches

Judicial Review

the power of the court to rule on the constitutionality of laws, acts, statutes, executive orders.

Liberal Constructionist

One who argues a broad interpretation of the provisions of the constitution, particularly those granting powers to the federal government.

Litmus Test

a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

Majority Opinion

The decision reached by a majority of the justices in a case

Marbury v. Madison (1803)

court case that established the principle of judicial review

Original Jurisdiction

The authority of a court to hear a case “in the first instance.”

Per Curiam Opinion

a court opinion issued in the name of the Court rather than specific judges.

Persuasive Precedent

A decision of another court which is influential but not binding

Petition for Certiorari

A petition asking the Supreme Court to hear a case.

Petitioner

a party that initiates a lawsuit

Plaintiff

A person or party filing a lawsuit.

Plea Bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for more serious offense

Political Question

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

A legal decision or set of decisions made in earlier, similar cases that serves as a guide or reference for future cases.

Respondent

the individual who responds to an appellate case, claiming why and how the lower court ruled correctly.

Rule of Four

a rule that is used in Supreme Court practice to decide which cases to hear.

Senatorial Courtesy

a tacit agreement among senators not to vote for any presidential nominee who is opposed by the senators from the nominee's home state.

Solicitor General

The third-ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.

Standing

The requirement that plaintiffs have a serious interest in a cause, which depends on whether they have sustained or are likely to sustain a direct an substantial injury from another party or from an action of government.

Stare decisis

The legal principle that courts should follow precedents set by earlier, similar cases, in order to maintain consistency and predictability in the law.

Strict Constructionist

refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.

Supreme Court

The highest court in the federal government

U.S. Circuit Court of Appeals

one of the twelve federal United States courts of appeals that cover a group of states known as a 'circuit' original jurisdiction. The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

U.S. District Court

trial courts. courts of general jurisdiction, meaning that they can hear cases involving a broad array of issues. Federal cases involving most matters typically are heard in these

Writ of Certiorari

issued by a higher court when it wants to review a lower court's decision.