Chapter 9: The Judiciary

Vocabulary flashcards covering the roots, structure, selection process, decision-making procedures, and policy implementation of the federal judiciary as outlined in Chapter 9.

lame duck

An executive or legislative during the period just before the end of a term of office, when its power and influence are considered to be diminished.

jurisdiction

The authority vested in a particular court to hear and decide the issue in a particular case.

original jurisdiction

Jurisdiction of courts that heard the case first, usually in a trial, where facts of a case are reviewed and determined.

appellate jurisdiction

The power vested in particular courts to review and/or revise the decision of lower courts.

Judiciary Act of 1789

A legislative act that established the basic three-tiered structure of the federal court system.

judicial review

The power of the courts to review acts of other branches of government and the states, which Jefferson believed the states should have.

trial court

The court of original jurisdiction where cases begin.

appellate court

Courts that generally review only findings of law made by lower courts; in the federal court system, there are 12 US courts of appeals.

constitutional (or Article III) courts

Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.

legislative courts

Courts established by Congress for specialized purposes, such as the Court of Appeals for Veterans Claims or territorial courts; also called special courts.

brief

A document that contains the written arguments in a case filed with a court by a party prior to hearing a trial.

precedent

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

stare decisis

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

dual court system

The judicial structure in American government composed of state courts (general jurisdiction and special limited trial courts) and federal courts (U.S. District courts and specialty courts of limited jurisdiction).

senatorial courtesy

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

writ of certiorari

A request by the Supreme Court to order up the records from a lower court to review a case.

Rule of Four

The requirement that at least four justices of the Supreme Court must vote to consider a case before it can be heard.

solicitor general

The 4th ranking member of the Department of Justice who is responsible for handling the majority of appeals.

amicus curiae

Written arguments submitted by people or organizations (such as interest groups and the solicitor general) who are not litigants in the suit; translates to 'friends of the court.'

opinion of the Court

The rationale for the decision which outlines the reasonings and how it applies to the current law.

plurality opinion

A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; resolves the case without establishing a binding precedent.

concurring opinion

An opinion that agrees with the outcome of a case but not the legal rationale, expressing a different approach.

dissenting opinion

A judicial opinion by judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning.

judicial restraint

A philosophy of judicial decision making that posits courts should allow the decision of other branches of government to stand, even when they offend a judge's own principles.

judicial activism

The philosophy of judicial decision making that posits judges should use their power broadly to further justice.

strict constructionist

A theorist or judge who believes that a judge should rule based on the original intent of the Framers of the Constitution (associated with judicial restraint).

Liberal constructionist

A theorist or judge who believes that judges should base their decisions on the idea that the Constitution was meant to change and so the law should change over time as well (associated with judicial activism).

judicial implementation

How and whether a judicial decision is translated into an actual public policy that affects more than the immediate parties to a lawsuit.

implementing population

The group, particularly within the executive and legislative branches, that carries out and enforces judicial decisions.

consumer population

The population that receives, takes in, and must understand the implementations and decisions made by the court.