AP US GoPo - Judicial Branch Vocab

Judicial branch vocab. References A&W textbook, some Princeton Review, and Fiveable.

Amicus Curiae

A legal document submitted by a non-party to a case, offering additional information or arguments to assist the court in its decision-making. “Friend of the court” in Latin.

Appellate Jurisdiction

The authority of a higher court to review and potentially overturn decisions made by lower courts.

Attourney General

The head of the US Department of Justice - serves as the chief legal advisor to the government.

Binding Precedent

A legal principle or rule established in a previous court case that is binding in future cases with similar circumstances.

Writ of Certiorari

An order issued by a higher court, often the Supreme Court, to review the decisions of a lower court.

Civil Law

The body of law that governs disputes between individuals or organizations, focusing on rights and obligations, and seeking compensation or redress for wrongs, rather than criminal penalties

Class Action Suit

A lawsuit where one or more individuals sue on behalf of a larger group of people who have suffered similar harm, allowing them to address issues collectively and potentially receive compensation

Common Law

A legal system where court decisions and precedents serve as the primary source of law, rather than solely written statutes or regulations. This system emphasizes judicial interpretation and rulings in shaping the law. 

Concurring Opinion

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

Criminal Law

The body of law that defines crimes against the public order and provides for punishment, with the government responsible for enforcing these laws. 

Defendant

The person or entity against whom a lawsuit is filed (civil cases) or who is accused of a crime (criminal cases). 

District Courts

The federal trial courts where most federal cases begin, hearing both civil and criminal matters with original jurisdiction.

Dissenting Opinion

A written disagreement with the majority opinion by one or more justices who believe the decision was incorrect.

Dred Scott V. Sanford (1857)

A landmark Supreme Court ruling that held that African Americans could not be considered citizens of the United States and thus had no standing to sue in federal court.

Earl Warren

Chief Justice of the United States between 1953 and 1969. Known for leading the Supreme Court during a period of significant change in American law and society.

Federlist #78

An essay written by Alexander Hamilton that discusses the role of the judiciary in the government, arguing for judicial independence and the importance of the courts in upholding the Constitution and protecting rights against legislative overreach.

Injunction

A court order requiring a person to do or refrain from doing a specific act. It can be used to prevent harm or preserve the status quo until a final decision is made in a case.

John Marshall

The fourth Chief Justice of the United States, serving from 1801 to 1835. Played a significant role in establishing the principle of judicial review and greatly expanded the power of the Supreme Court.

John Roberts

The 17th Chief Justice of the United States, appointed in 2005. Known for his conservative views and has played a crucial role in significant Supreme Court rulings.

Judicial Activism

A judicial philosophy where judges interpret the Constitution and laws in a way that may reflect contemporary values and social needs, often leading to more progressive rulings and a willingness to override legislative decisions.

Judicial Restraint

A judicial philosophy where judges limit their own power by refusing to declare laws unconstitutional unless they are clearly in violation of the Constitution. Judges adhering to this philosophy typically defer to the decisions made by legislatures and elected officials.

Judicial Review

The power of the courts to examine the actions of the legislative and executive branches, and to declare laws or executive actions unconstitutional if they violate the Constitution.

Liberal Constructionist

A judicial philosophy that interprets the Constitution in a way that is flexible and adaptive to contemporary social, political, and economic conditions, allowing for broader interpretations of constitutional rights and principles.

Litmus Test

A political or ideological test used to determine someone's stance on a particular issue, often used in the context of evaluating judicial nominees based on their views on specific issues.

Majority Opinion

The official statement of the court that reflects the views of the majority of the justices on a case, outlining the rationale for the decision and setting a precedent for future cases.

Marbury v. Madison (1803)

A landmark case in which the Supreme Court established the principle of judicial review, affirming the right of the court to declare an act of Congress unconstitutional, thereby reinforcing the system of checks and balances in the U.S. government.

Origial Jurisdiction

The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, where the court reviews the decision of a lower court.

Per Curiam Opinion

A decision delivered in the name of the Court rather than specific judges. Typically brief and unsigned, this type of opinion is often used for straightforward cases.

Persuasive Precedent

A legal principle that is not binding but may influence a court's decision. Courts may consider previous rulings from other jurisdictions or lower courts when determining cases that are similar, though they are not obligated to follow them.

Petition for Certiorari

A formal request by a party to the Supreme Court to review the decision of a lower court.

Petitioner

A party that petitions a court to take an action, starting a lawsuit, or carries an appeal to a higher court.

Plaintiff

The person or entity who initiates a lawsuit or civil case, seeking compensation or a legal remedy for a perceived wrong. 

Plea Bargain

An agreement between a prosecutor and a defendant where the defendant pleads guilty to a lesser charge or to some of the charges in exchange for a more lenient sentence or dismissal of other charges, avoiding a full trial

Political Question

A constitutional issue that the Supreme Court deems inappropriate for judicial review because it's best left to the politically accountable branches of government (Congress and the President) to decide, based on separation of powers and/or prudential concerns.

Precedent

A legal decision or ruling that establishes a principle or rule that can be followed in future similar cases. 

Respondent

The party who is required to answer a petition or legal claim, essentially the party being sued or tried, also known as the appellee. 

Rule of Four

An unwritten convention in the U.S. Supreme Court where at least four justices must agree to grant a writ of certiorari (request for review) for a case to be heard. 

Senatorial Courtesy

A customary inclination among senators not to vote for any presidential nominee who is opposed by the senators from the nominee's home state.

Solicitor General

A high-ranking presidential appointee within the Department of Justice who represents the federal government in cases before the Supreme Court and promotes presidential policies in federal courts

Standing

A plaintiff's serious interest in a case, meaning they have sustained or are likely to sustain a direct and substantial injury from a party or action of government, enabling them to bring a lawsuit. 

Stare Decisis

A legal principle where courts are obligated to follow precedents established in prior cases, promoting consistency and predictability in the law. “To stand by things decided” in Latin.

Strict Constructionist

A judicial philosophy following an interpretation of the Constitution that emphasizes a narrow reading of its text, focusing on the original meaning as understood at the time it was written.

Supreme Court

The highest judicial authority in the United States, established by the Constitution, responsible for interpreting laws and ensuring justice, and serving as a check on the other branches of government

US Circuit Courts of Appeals

Appellate courts that review decisions from lower federal courts (district courts) and federal administrative agencies, ensuring the law was applied correctly, but do not re-examine facts. 

US District Courts

The primary trial courts, handling most federal cases, both civil and criminal, and serving as the first level of the federal court hierarchy

Certiorari

The process through which most cases reach the Supreme Court; “To be made certain” in Latin.