APGov Chapter 12 Vocab

Amicus Curiae Brief

Written legal argument filed by a non-party to provide extra data, perspectives, or legal reasoning and influence a SCOTUS/appellate decision

Appellate jurisdiction

Legal power of a higher court to review a lower court’s decision and check for mistakes in how the law was applied

Attorney general

Head of the Department of Justice and the federal government’s chief legal officer

Binding precedent

Past legal decision from a higher court that lower courts must follow when handling cases with similar facts and legal questions

Class action lawsuit

Lawsuit where a small number of people sue on behalf of all people in similar circumstances

Common law

Legal framework where court decisions and past rulings serve as a primary source of law alongside written statues

Concurring opinion

Separate written statement by a SCOTUS justice who agrees with the winning side’s outcome but uses different/additional legal reasoning to get there

Department of Justice

Executive branch department that enforces federal laws, prosecutes federal crimes, and represents the US government in legal matters

Dissenting opinion

Written statement by one or more SCOTUS justice who voted against the winning side, explaining why they disagree with the majority opinion

Defendant

Person, group, or entity accused of a crime in a criminal case or sued by a plaintiff in a civil case

In forma pauperis

Method that allows a poor person to have their case heard in federal court without paying standard fees

Injunction

A court order telling a party or government official to stop doing an action OR to do one to prevent permanent harm

Judicial activism

Judicial philosophy where the courts use judicial review aggressively to overturn laws, executive actions, or past legal precedents

 Judicial review

Power of the courts to declare laws, executive actions, and state policies unconstitutional

Judicial self-restraint

Unelected judges use judicial review narrowly, deferring to existing constitutional/case precedent and policy choices made by elected legislative and executive branches.

 Litmus test

Single question asked of a judicial/political nominee to gauge ideological stance – usually controversial take

Majority opinion

Official written decision of SCOTUS reflecting review of 5 or more justices

Original jurisdiction

Court’s power to hear and decide a case for the first time – trial court where facts/evidence gathered

Per curium opinion

Brief and unsigned ruling issued by SCOTUS as a collective body

Persuasive precedent

Past court ruling that a judge may consider use for guidance but not required to follow

Petitioner

Party who brings a formal legal request to a court

Plaintiff

Person or group that starts a civil lawsuit by filing a legal complaint against another party

Plea Bargain

Negotiated agreement between a prosecutor and a defendant where the defendant pleads guilty / no contest in exchange for a lighter sentence, reduced charges, or dropped counts

Precedent

Legal rule or principle established in an earlier court decision that guides or binds courts when deciding future cases with similar facts

Respondent

Person who answers questions in a public opinion poll, survey, or interview or party defending against a petition/appeal

Rule of four

Supreme Court’s custom where at least four of the nine justices must vote to grant a writ of certiorari so the court will hear a case

Senatorial courtesy

Informal custom where president consults with home-state senators and defers to their opposition when picking local federal officials or district judges

Solicitor General

Senior DOJ official who represents federal gov in cases before SCOTUS

Sovereign immunity

Legal doctrine stating that a government cannot be sued in court unless it gives explicit consent

stare decisis

Legal doctrine requiring courts to follow historical precedents when deciding similar cases

Strict constructionist

Judicial philosophy that interprets constitution narrowly and limiting federal government’s power only to what it directly states

Supreme Court

Highest federal court of US + established by Article 3 of Constitution – judicial review

Torts

Civil wrong that causes harm or loss ot a person/property resulting in civil liability for monetary damages

US Circuit Court of Appeals

13 intermediate appellate courts in federal judiciary that review district court and agency decisions for legal errors rather than holding new trials

US District Courts

94 trial-level courts at the bottom of the federal judicial hierarchy where nearly all federal civil and criminal cases begin

Writ of Certiorari

Formal order from a higher court telling a lower court to send up the case records for review