AP Gov Unit 2 Judiciary Branch Vocab

Amicus Curiae

“Friend of the court”; a brief submitted by someone interested in influencing the outcome of a case but not directly involved in it.

Appellate Jurisdiction

The authority of a court to review and potentially overturn decisions made by lower courts.

Attorney General

The head of the U.S. Department of Justice and the chief legal officer of the federal government.

Binding Precedent

A previous court decision that must be followed by lower courts in the same jurisdiction.

Certiorari

An order by which a higher court reviews a decision of a lower court; most commonly issued by the Supreme Court.

Civil Law

Laws dealing with private rights and relationships (e.g., contracts, property, family law) rather than criminal offenses.

Class Action Suit

A lawsuit filed by one or more people on behalf of a larger group who have similar legal claims.

Common Law

Law based on court rulings and judicial decisions rather than written statutes.

Concurring Opinion

A written opinion by a justice who agrees with the majority’s decision but for different or additional reasons.

Criminal Law

Laws dealing with offenses against society (e.g., theft, murder) and the punishment of those crimes.

Defendant

The person or party being accused or sued in a court case.

District Courts

The lowest level of federal courts; they have original jurisdiction and handle most federal trials.

Dissenting Opinion

A written opinion by a justice who disagrees with the majority decision of the court.

Dred Scott v. Sandford (1857)

Supreme Court case that ruled enslaved people were property, not citizens; helped spark the Civil War. In Dred Scott v. Sandford (1857), the Supreme Court ruled that African Americans were not citizens and that Congress could not ban slavery in the territories—one of the most infamous decisions in American history, which inflamed sectional tensions and helped lead to the Civil War.

Earl Warren

Chief Justice (1953–1969) known for leading a liberal court that expanded civil rights and liberties (e.g., Brown v. Board).

Federalist #78

Essay by Alexander Hamilton arguing for judicial independence and supporting the concept of judicial review and that the judicial branch is the least dangerous branch.

Injunction

A court order requiring someone to do or stop doing a specific action.

John Marshall

Chief Justice (1801–1835) who strengthened the power of the Supreme Court through landmark cases like Marbury v. Madison.

John Roberts

Current Chief Justice of the U.S. Supreme Court (appointed in 2005), generally known for conservative but institutionalist views.

Judicial Activism

 When judges make bold policy decisions or interpret the Constitution broadly to achieve justice or policy goals. asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts

Judicial Restraint

So a judge showing judicial restraint would let the law stand — because it’s not their job to change policies just because they disagree. When judges defer to the elected branches and avoid striking down laws unless they clearly violate the Constitution.

Judicial Review

The power of courts to declare laws or executive actions unconstitutional (established in Marbury v. Madison).

Liberal Constructionist

Someone who interprets the Constitution as a living document that adapts to modern conditions.

Litmus Test

A test used to determine a judicial nominee’s ideological purity or stance on key issues (like abortion or gun rights). It is used to determine a judge’s standpoint about something.

Majority Opinion

The official opinion of the court explaining the reasoning behind its decision, joined by most justices.

Marbury v. Madison (1803)

Established judicial review, allowing the Supreme Court to declare laws unconstitutional.

Original Jurisdiction

The authority of a court to hear a case first, before any appeals (unhappy with outcome from lower court, gives it to higher court to hear and review).

Per Curiam Opinion

A brief, unsigned opinion by the whole court rather than a specific justice. It is not signed by a single justice. It is short and deals with straightforward decisions. 

Persuasive Precedent

A decision from another jurisdiction that a court may consider but is not required to follow.

Petition for Certiorari

A formal request asking the Supreme Court to review a lower court’s decision (appellate jurisdiction).

Petitioner

The party who appeals a case to a higher court (the one seeking review).

Plaintiff

The person or party who initiates a lawsuit.

Plea Bargain

– An agreement where a defendant pleads guilty to a lesser charge to avoid a trial or harsher punishment.

Political Question

An issue the Supreme Court refuses to decide because it’s more appropriate for the political branches to handle. A political question is an issue that the Supreme Court (or any court) decides it shouldn’t rule on, because it’s really something the executive or legislative branches are supposed to handle — not the judiciary.

Precedent

A past judicial decision that serves as a rule or guide for future cases.

Respondent

The party who defends the lower court’s ruling in an appeal case.

Rule of Four

At least four Supreme Court justices must agree to hear a case before it’s granted certiorari (a request for appellate jurisdiction)

Senatorial Courtesy

Senatorial courtesy is a tradition (not a law!) where the President checks with the senators from a state before appointing a federal judge (or U.S. attorney) to serve in that state. Tradition allowing senators to veto judicial nominations in their own state (for lower federal courts).

Solicitor General

The attorney who represents the U.S. government before the Supreme Court.

Standing

The legal right to bring a lawsuit; the plaintiff must have suffered a direct injury or stake in the outcome. Does it affect you directly?

Stare Decisis

“Let the decision stand”; the principle of following established precedent (previous court decisions)

Strict Constructionist

Someone who interprets the Constitution literally and narrowly, limiting judicial interpretation (no wiggle room)

Supreme Court

The highest court in the U.S., with final authority over all federal and constitutional cases.

U.S. Circuit Court of Appeals

The intermediate federal courts that hear appeals from district courts; they have appellate jurisdiction only.

U.S. District Court

The trial courts of the federal system with original jurisdiction over most federal cases.

Writ of Certiorari

A formal order from the Supreme Court to a lower court to send up the records of a case for review. It’s a formal agreement to perform an appellate jurisdiction.