Key Terms in Judicial Process

This set of flashcards covers key vocabulary terms related to the judicial process, important court cases, and judicial philosophies.

Standing to sue

The requirement that plaintiffs have a serious personal stake in a case- they must show they have been or will be directly harmed.

Class action suits

Lawsuits in which a small group sues on behalf of a larger group of people in similar circumstances.

Justiciable disputes

Cases that can be resolved by legal methods in court (not hypothetical or political questions).

Amicus curiae briefs

'Friend of the court' briefs submitted by individuals or groups not directly in a case but who want to influence the Court's decision.

Original jurisdiction

Authority of a court to hear a case first (trial courts).

Appellate jurisdiction

Authority of a court to review and possibly overturn decisions made by lower courts.

District courts

Federal trial courts where cases are first heard; they have original jurisdiction.

Courts of appeal (Circuit courts)

Federal courts that review district court decisions; they have appellate jurisdiction only.

Supreme Court

The highest court in the U.S.; it chooses which cases to hear and has both original and appellate jurisdiction (mostly appellate).

Senatorial courtesy

Unwritten rule where the Senate will not confirm a federal judge nominee if the senator from the nominee's home state opposes them (for lower courts).

Solicitor general

The top government lawyer representing the U.S. in Supreme Court cases; decides which cases the government appeals.

Opinion

A written explanation of a court's decision (majority, concurring, or dissenting).

Stare decisis

The principle that courts should follow precedent—'let the decision stand.'

Precedent

A previous court ruling that guides future judicial decisions.

Judicial implementation

How court decisions are put into action by the other branches and lower courts.

Original intent

A judicial philosophy that interprets the Constitution based on what the framers meant when they wrote it.

Marbury v. Madison (1803)

Case that established judicial review, giving the Supreme Court the power to declare laws unconstitutional.

Judicial review

The power of the courts to strike down laws or actions that violate the Constitution.

Judicial restraint

Judicial philosophy where judges play a minimal role in policymaking and defer to elected branches.

Judicial activism

Judicial philosophy where judges are more willing to strike down laws and make decisions that shape policy.

Political question

Doctrine where courts avoid deciding issues better left to the other branches (often foreign policy/war powers disputes).

Statutory construction

When courts interpret the meaning of laws; Congress can rewrite laws to overturn these interpretations.

United States v. Nixon (1974)

Case ruling that the president is not above the law; executive privilege cannot be used to block evidence in a criminal investigation.