AP Gov Judicial Branch

Judicial Restraint (Original Intent)

Judicial Restraint (Original Intent)

views that the Constitution should be interpreted according to the original intent of the framers.

Judicial Activism

judges should use their power broadly to further justice and apply present day values to decisions

District Courts

trial courts that are first to hear more federal cases - 94 established

Constitutional Courts

courts established by the Constitution - District court, U.S. Court of Appeals, and Supreme Court

Court of Appeals

appellate courts that hear cases that have been previously tried - 13 circuits

Supreme Court

highest court in the US - 9 justices - have original jurisdiction in cases with foreign ambassadors or if a state is being sued by a citizen or is sueing a citizen

Legislative Courts

established by Congress for specialized purposes

EX: US Tax Court, US Court of International Trade

Litmus Test

A method used to gauge a candidate's stance on a specific issue, often serving as a decisive factor in determining support.

Judicial Review

the Supreme Courts primary power - power to determine the constitutionality of laws of executive actions

Writ of Certiorari

a request for the Supreme Court to order up the records from a lower court to review the case

Marbury v Madison

case in which the Supreme Court first asserted the power of judicial review - established judicial review

Plaintiff

a person who brings a case against another in a court of law

Standing

legal right to bring a lawsuit

Preccedant

a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

Class-action suit

A class action lawsuit is a civil legal action in which one or more individuals sue a person or entity on behalf of a larger group or class of people

Original Jurisdiction

authority to hear the case for the first time - typically state trial courts/ U.S. District courts

Appellate Jurisdiction

authority to review initial decisions of a lower court

Brief

a document containing the legal written arguments in case filed with a court by a party prior to a hearing or trial

Amicus Curiae Briefs

“Friends of the court” outside people, companies, etc. that write briefs in support of one side of a case - hold interest in case

Majority Opinion

written by one member of majority (whoever won the case) - sets precedent

Concurring Opinion

written by a member of the majority who agrees with the decision but for a different reasoning - holds no legal impact

Dissenting Opinion

written by one member of minority - states why they disagree with majority - no legal impact

Senatorial Courtesy

a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

Stare Decisis

let the decision stand - generally uphold the past precedents

Rule of Four

at least four justicies of the Supreme Court must vote to consider a case before it can be heard.

State Courts Order

Trial Courts (Superior Court) - then Intermediate Appellate Courts - then State Supreme Courts

Exclusive Jurisdiction

one court has sole authority to hear a case

Concurrent Jurisdiction

case may be heard by more than one type of court (state or federal)

Criminal Law

actions that harm the community by breaking the law

Civil Law

involving private rights and grievances between individuals or groups (like Sueing someone)

Checks On Judicial

amending the constitution, impeachment, changing the number of justices on the court, judicial cannot enforce decision