AP GOV - Judicial Vocab

Judicial Review

the power of the courts to declare a law unconstitutional

activist approach

Strict / Loose Construction

narrow, literal interpretation of the Constitution limiting federal power to explicit text, favored by early Democratic-Republican (republican/conservatives)

Senatorial Courtesy

an agreement among senators to not vote for a nominee opposed by senator's from nominee's home state. This gives voice to state senators and only applies if the president and the senator are from the same party.

Current Chief Justice

Chief Justice John Marshall

Chief Justice Earl Warren

Solicitor General

The third-ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court.

Common Law

Majority Opinions

a court opinion reflecting the views of the majority of the judges

Rule of Four

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

Judicial Activism

philosophy proposing that judges should interpret the Constitution to reflect current conditions and values

Original Jurisdiction

a court's authority to hear and decide a case for the first time before any appellate review occurs

Injunction

a court order prohibiting a party (often government or businesses) from performing a specific act, such as halting a labor strike or blocking a policy

ex. trump and supreme court with tariffs made him repay the countries

Litmus Test

An examination of the political ideology of a nominated judge.

Stare Decisis

let the decision stand

Binding Precedent

The decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction.

Appellate Jurisdiction

authority of court to review a decision of a lower court or administrative agency.

Certiorari

order from the US Supreme Court upon granting a petition for Writ of Certiorari, ordering a lower court to provide the Supreme Court with a full record of all proceedings in the lower court.

Concurring opinion

an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning

Dissenting opinion

an opinion disagreeing with a majority in a Supreme Court ruling