AP Government Unit 2C - The Judiciary

Judicial Review

The power of courts to declare laws and executive actions unconstitutional, established in Marburg V. Madison

Senatorial Courtesy

A tradition in which the president consults senators from their own party in a given state before nominating a federal judge for that state.

Plea bargain

An agreement in which a defendant pleads guilty to a lesser charge in exchange for a reduced sentence, avoiding a full trail.

Original Jurisdiction

The authority of a court to hear a case first, rather than on appeal. The Supreme Court has original jurisdiction in cases involving states or foreign diplomats.

Appellate Jurisdiction

The power of a higher court to review and potentially change the decision of a lower court.

Judicial Restraint

A philosophy that judges should interpret the constitution narrowly and defer to the elected branches of government unless a clear constitutional violation occurs.

Judicial Activism

A philosophy that judges should interpret the Constitution more broadly to address social political issues, often leading to striking down laws or setting new precedents.

Originalism

A method of constitutional interpretation that relies on the meaning of the text as understood at the time it was written.

Living constitutionalism

The belief that the constitution should be interpreted in the context of modern society and evolving norms rather than strictly by its original meaning.

Stare Decisis

The principle that courts should follow precedent in deciding current cases to ensure consistency and stability in the law.

Precedent

A legal decision that serves as an example or rule for future cases with similar issues.

Writ of Certiorari

An order by the Supreme Court directing a lower court to send up the record of a case for review.

Rule of Four

The requirement that at least four Supreme Court justices must agree to grant a writ of certiorari for a case to be heard.

Attorney General

The head if the US department of Justice, responsible for enforcing federal laws and overseeing legal affairs.

Solicitor General

The government lawyer who represents the United States in Supreme Court cases and decides which case the government will appeal.

Majority opinion

The official ruling of the Court, reflecting the views of the majority of justices.

Concurring Opinion

A separate opinion agreeing with the majority but for different legal reasoning.

Dissenting opinion

A written statement by justices who disagree with the majority ruling.

Petitioner Merit Breif

Legal arguments submitted by both parties in a Supreme Court case, the petitioner argues why the lower courts decisions should be overturned.

Respondent Merit Brief

Legal arguments submitted by both parties in a Supreme Court case. The respondent argues why it should be upheld.

Amicus Curiae (Friend of the Court)

A brief submitted by an outside party (not directly involved in the case) to provide additional legal perspectives. It plays a role both at the certiorari stage (urging the court to take or reject a case) and the merits stage (influencing the decision)

Civil Law

Deals with disputes between individuals or organizations, using involving compensation.

Criminal Law

Deals with actions that violate laws and result in penalties such as fines or imprisonment.

Habeas Corpus

A legal principle ensuring that a person cannot be held in prison without being charged and given a court appearance.

Cases and Controversies

A constitutional requirement that courts only hear actual disputes between parties with genuine legal standings rather than hypothetical issues.

Litmus Test (as applied in judicial appointments)

A political or ideological test used to determine whether a judicial nominee aligns with a presidents or party’s belief on key issues.

In for a pauperis

A process that allows an indigent (poor) person to file a case in the Supreme Court without paying the usual fees.

Per Curiam

A brief, unsigned Supreme Court opinion issued by the court as a whole rather than by a specific justice

Fractured opinion

A Supreme Court ruling where there is no single majority opinion, resulting in multiple concurring opinions that collectively form the final decision.