Judicial Branch (Unit 2)

Amicus curiae 

Legal documents that provide additional information/ insight/ information filed by non-parties (organizations or individuals) to influence outcome

Civil law

Law that governs relationships between individuals and defines their legal rights

Common law 

A legal principle established in previous court decisions that guides judges in future cases.

Criminal law 

Laws that define crimes against the public order and violation results in punishment

Concurring opinion

Opinion that agrees with the majority in a supreme court ruling but differs in reasoning

Dissenting opinion 

Statement written by 2 or more disagreeing with the majority opinion of the court

Judicial activism 

Judicial rulings based on a board interpretation instead of existing law or precedent  

Judicial restraint 

The belief that courts should not make new laws

Judicial review 

Power of court (specifically Supreme) to interpret the constitution and determine if laws and government actions are unconstitutional or not →can void law if unconstitutional 

Litigation

Process of pursuing legal action in court

Majority Opinion

Judicial opinion agreed on by more than half of the members of the court

Political questions 

Doctrine that states certain issues are not up for judicial review 

Precedent 

Legal principle/ rule that is set in previous cases

Per curiam decision 

Opinion that is issued by the court as whole and not by a single judge

Rule of four 

4 Supreme court judges have to select a case for it to be heard

Strict construction

interpretation of the constitution that emphasizes strict following of the constitution

Stare decisis 

“to stand by things decided” - Doctrine requiring courts to follow precedent when cases have similar facts 

Statutory law 

Laws that come from authoritative law making sources (legislature, treaties, and executive orders)

Federal district courts 

Federal court that handles both federal and civil trails

Original jurisdiction 

Authority of a court to hear a case for the first time

Writ of certiorari 

Formal write thats used to bring a case to the supreme court

Writ of habeas corpus 

Court order demanding a judge explain why a prisoner is being held in custody