Unit 2: Government Institutions - Chapter 9: The Judiciary

Vocabulary practice flashcards covering terms, legal doctrines, court structures, procedures, and landmark cases from Chapter 9: The Judiciary.

Lame duck

An elected official who is nearing the end of their term and has limited remaining power.

Jurisdiction

A court's authority to hear and decide a case.

Original jurisdiction

Authority to hear a case first, before any appeals.

Appellate jurisdiction

Authority to review decisions made by lower courts.

Judiciary Act of 1789

A law that established the basic structure of the federal court system, including lower federal courts and the office of attorney general.

Judicial review

The power of courts to declare laws or government actions unconstitutional.

Chisholm v. Georgia

A 1793 Supreme Court case where the Court ruled that a citizen of one state could sue another state in federal court, leading to the adoption of the Eleventh Amendment.

Marbury v. Madison (1803)

A landmark Supreme Court case that established the power of judicial review, allowing courts to strike down unconstitutional laws.

McCulloch v. Maryland (1819)

A Supreme Court case that upheld Congress's implied powers and ruled that Maryland could not tax the federal bank, reinforcing federal supremacy.

Trial court

A court where evidence is presented and facts are determined.

Appellate court

A court that reviews lower-court decisions for legal errors.

Constitutional (Article III) courts

Federal courts established under Article III, whose judges generally have life tenure and salary protection.

Legislative courts

Courts created by Congress under other constitutional powers to handle specialized matters.

Brief

A written legal argument submitted to a court.

Precedent

An earlier court decision used as a guide in later cases.

Stare decisis

The principle of following established legal precedents.

Dual court system

The judicial structure in the United States composed of two systems: the federal courts and the state courts.

Senatorial courtesy

An informal practice in which senators from the president's party can influence nominations for federal judges in their home states.

Senate Judiciary Committee

The congressional committee that reviews a judicial nominee's qualifications, examines their judicial record, investigates their background, and holds confirmation hearings.

Writ of certiorari

An order by the Supreme Court agreeing to review a lower court's decision.

Rule of Four

A Supreme Court practice requiring at least four of the nine justices to vote to hear a case.

Solicitor general

A Justice Department official who represents the federal government before the Supreme Court and helps determine which cases the government will appeal.

Amicus curiae

Latin for 'friend of the court'; a person or organization that is not a party to a case but offers information or arguments to help the Court.

Opinion of the Court

The written explanation of the Court's decision, usually the majority opinion.

Plurality opinion

An opinion supported by the largest group of justices when no single opinion receives a majority.

Concurring opinion

An opinion agreeing with the result of a case but offering different or additional reasoning.

Dissenting opinion

An opinion explaining why a justice disagrees with the Court's decision.

Judicial restraint

The philosophy that judges should generally defer to elected branches and avoid overturning laws unless there is a strong constitutional reason.

Judicial activism

A term for judicial decisions that actively interpret constitutional principles or invalidate government actions.

Strict constructionist

Someone who favors a narrow interpretation of constitutional text, often contrasted with broader interpretations of constitutional powers.

Judicial implementation

The process of putting a court's decision into effect.

Implementation population

The government officials and organizations responsible for putting a court decision into effect.

Consumer population

The people or groups directly affected by, or benefiting from, a court decision.