Judicial Branch Basics P/F

Amicus curiae briefs

Interested parties may be invited to submit supporting or rejecting arguments

Appellate Jurisdiction

Courts that hear reviews or appeals of decisions from lower courts

Concurring Opinion

A justice who agrees with the majority, but not with the reasoning

Courts of Appeal

Decide appeals from district courts and have appellate jurisdiction only

Court-Packing Plan/Scheme

When FDR tried to increase the number of justices on the Supreme when they were rejecting the New Deal program

Dissenting Opinion

Reasons of the justices who oppose the majority’s decision

District Courts

Lower courts that serve as trial courts and have original jurisdiction

Docket

List of cases to be heard

In forma pauperis (Pauper’s Petition)

Mostly hand-written appeals by prisoners

Judicial activism

Holds that the court should play a role in determining national policies

Judicial restraint

Holds that tue court should operate solely within the limits of the Constitution and uphold acts of Congress unless they clearly violate the Constitution

Majority opinion

Reasons in which the majority of the Justices agree

Original jurisdiction

Where the case is first heard

Original intent

View that the Constitution should be interpreted according to the Framer’s ideals

Per curiam decision

No value as precedent, but resolves the immediate case. No explanation given

Precedent

Standards or guidelines to be followed in similar cases in the future

Rule of Four

Four of the nine justices agree to hear a case

Senatorial courtesy

Unwritten tradition of not confirming judges in Federal courts if a Senator from that state opposes the nomination

Stare decisis

Letting the decision of the lower court stand

Writ of certiorari

Order by the Supreme Court directing the lower court to send up the records of a case for review