AP Gov Unit 9: Judiciary Terms

Original jurisdiction

the power of a court to hear a case for the first time

Appellate jurisdiction

the power of a court to hear a case on appeal from a lower court and possibly change the lower court's decision

Marbury v. Madison

the 1803 Supreme Court case that established the courts' power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional

Judicial review

the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional

Civil law

a non-criminal law defining private rights and remedies

Criminal law

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

Precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

Dual court system

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

District Courts

The lowest federal courts where federal cases begin. They are the only federal courts where cases are tried, evidence is presented, and witness testimony is heard

Appellate Courts

a court that reviews cases already decided by a lower or trial court and that may change the lower court's decision

Stare decisis

the principle by which courts rely on past decisions and their precedents when making decisions in new cases

Senatorial courtesy

an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions

Litmus test

A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts

Chief Justice

justice on the Supreme Court who presides over the Court's public sessions

Associate justice

a member of the Supreme Court who is not the chief justice

Solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

Statute

A law enacted by Congress or by a state legislature

Federal-question cases

Jurisdiction conferred by the Constitution on federal courts to hear all cases "arising under the Constitution, the laws of the United States, and treaties."

Docket

a court's calendar, showing the schedule of cases it is to hear

Standing

A legal concept that refers to who is entitled to bring a case. Three basic rules govern standing. First, there must be an actual controversy between real adversaries. Second, the person bringing suit must show that he or she has been harmed by the law or practice involved in the complaint. Third, merely being a taxpayer does not entitle a person to challenge the constitutionality of a governmental action

Class-action suit

A case brought into court by a person on behalf of not only himself or herself but all other persons in similar circumstances. The Supreme Court in 1974 tightened rules on these suits to only those authorized by Congress and those in which each ascertainable member of the class is individually notified if money damages are sought

Certiorari (Cert)

A writ (request) from a higher court to a lower court to send up a case's record so that the higher court can review it. Most cases come to the Supreme Court in this manner instead of through appeal. A party must petition a court to issue a writ of certiorari however, fewer than five percent of the petitions are granted

Rule of Four

a Supreme Court custom in which a case will be heard when four justices decide to do so

Brief

a written legal argument presented to a court by one of the parties in a case

Amicus curiae

literally a "friend of the court" and used for a brief filed by someone who is interested in but not party to a case

In forma pauperis

A petition filed with the U.S. Supreme Court by an indigent person. The normal $300 filing fee is waived for such petitions

Writ of mandamus

written order from a court to enforce the performance of some public duty

Oral argument

words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail

Remand

Sending a legal case back to the court that heard it previously. Often for clarification.

Reverse

To nullify or invalidate a legal judgment

Remedy

A judicial order setting forth what must be done to correct a situation a judge believes to be wrong

Majority opinion

an opinion of the Court with which more than half the nine justices agree

Concurring opinion

an opinion written by a justice who agrees with the Court's majority opinion but has different reasons for doing so

Dissenting opinion

an opinion written by a justice who disagrees with the majority opinion of the Court

Per Curiam opinion

A brief and unsigned opinion by the Supreme Court

Affirm

In an appellate court, to reach a decision that agrees with the decision reached in a lower court

Judicial activism

a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties

Judicial restraint

a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government

Strict constructionist approach

An approach to judicial review which holds that judges should confine themselves to applying those rules that are stated in or clearly implied by the language of the Constitution