AP GOV UNIT 2: THE FEDERAL COURTS

Article III

establishes the judicial branch of the federal government and creates a Supreme Court

Judicial Review

the power of the Supreme Court and other federal courts to determine the constitutionality of laws, actions, or orders by the legislative and executive branches

Stare Decisis

letting a previous decision stand

Precedent 

a judicial decision that guides future courts in handling similar cases

Judicial activism

philosophy that judges actively interpret the Constitution and laws to address social issues and shape public policy, often by departing from precedent or the original intent of the law

Judicial restraint

a philosophy where judges limit their own power by deferring to the legislative and executive branches and sticking to established precedents

original jurisdiction

the authority of a court to hear a case first, which includes the finding of facts in the case

appellate jurisdiction

includes the power to reverse or modify the lower court’s decision and exist in both civil and criminal law

brief

a written legal argument submitted to a court that presents the legal and factual points of a case

standing

the legal requirement to sue in court and the permanent legislative committees in Congress

writ of certiorari

an order form a higher court (Supreme Court) to a lower court to send up the records of a case for review. It is a way for the Supreme Court to selectively choose what they want to hear

opinion of the court 

unanimous(everyone), majority(5 or more), concurring(with majority for different reasons), dissenting(views of justicies in the minority)