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23 Terms

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Amicus Curiae Brief

A legal document filed by a non-party, typically an interested individual or organization, to provide information or perspective in a case before a court.

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Appellate Jurisdiction

The authority of a court to hear appeals from lower courts or other tribunals.

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Attorney General

The chief legal officer and head of the U.S. Department of Justice, responsible for representing the federal government in legal matters and advising the President.

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Binding Precedent

A legal decision or precedent that must be followed by lower courts in the same jurisdiction.

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Borked

A term derived from the unsuccessful Supreme Court nomination of Robert Bork in 1987, meaning to obstruct or defeat a nominee through an organized public campaign.

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Certiorari

A writ issued by a higher court to review a decision of a lower court.

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Concurring Opinion

An opinion issued by a judge who agrees with the majority's decision but for different reasons.

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Dissenting Opinion

An opinion issued by a judge or judges who disagree with the majority's decision.

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Judicial Activism

The judicial philosophy that encourages judges to interpret the Constitution and laws in a way that addresses contemporary issues and adapts to societal changes.

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Judicial Restraint

The judicial philosophy that argues for a more limited role for judges, urging them to defer to the legislative and executive branches and adhere closely to precedent.

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Judicial Review

The power of a court to review and potentially invalidate laws or government actions that are deemed unconstitutional.

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Liberal Constructionists

Those who interpret the Constitution and laws in a way that allows for flexibility and adaptation to changing circumstances.

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Majority Opinion

The written opinion of the majority of judges in a case, explaining the rationale behind the court's decision.

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Marbury vs. Madison

A landmark U.S. Supreme Court case (1803) that established the principle of judicial review, asserting the Court's authority to review the constitutionality of government actions.

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Nuclear Option

In the context of the U.S. Senate, a procedural maneuver to change Senate rules, particularly related to filibusters or the confirmation of nominees, by a simple majority vote.

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Original Jurisdiction

The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, which involves reviewing decisions from lower courts.

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Persuasive Precedent

A legal decision or precedent from another jurisdiction or a different court that is not binding but may be considered in reaching a decision.

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Precedent

A legal decision or case that serves as an authoritative example in subsequent similar cases.

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Rule of Four

The practice by which the Supreme Court agrees to hear a case if at least four justices vote in favor of it.

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Senatorial Courtesy

A tradition in the U.S. Senate where the President consults with the senators of a nominee's home state before making certain judicial appointments.

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Standing

The legal right to bring a case or participate in a legal proceeding, typically requiring a direct and specific injury.

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Stare Decisis

Latin for "to stand by things decided." It refers to the principle of following precedent and adhering to previous legal decisions.

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Strict Constructionists

Those who interpret the Constitution and laws narrowly, giving them a more literal and limited interpretation.