AP GOV COHEN LANGLEY UNIT 5

Judicial Review

The power of the courts, established in Marbury v. Madison, to determine whether acts of the legislative and executive branches are consistent with the Constitution.

Senatorial Courtesy

An unwritten political custom where the president consults with senior senators from the relevant state before making nominations for certain federal positions, particularly district court judgeships. An objection from a home-state senator of the president's party can block a nomination.

Original Jurisdiction

A court's authority to hear a case for the first time, determining facts and applying law. The Supreme Court's original jurisdiction is constitutionally limited to specific types of cases.

Appellate Jurisdiction

A court's authority to review lower court decisions for legal errors. The Supreme Court primarily hears cases through its appellate jurisdiction.

Judicial Restraint

A judicial philosophy advocating for judges to defer to the legislative branch and follow precedent (previous court decisions).

Judicial Activism

A judicial philosophy where judges are willing to overturn precedents or rule on the constitutionality of actions by other branches, often to expand rights or address societal issues.

Originalism

A method of interpreting the Constitution based on the original understanding or intent of its framers.

Living Constitutionalism

A judicial philosophy suggesting the Constitution should be interpreted in light of current societal values and circumstances.

Stare Decisis

A Latin phrase meaning 'let the decision stand,' referring to the practice of courts using precedent to guide their decisions.

Writ of Certiorari

An order from a higher court (like the Supreme Court) to a lower court requesting the records of a case for review. It's the most common way cases reach the Supreme Court.

Circuit Split

A disagreement between two or more U.S. Courts of Appeals on a legal issue, which the Supreme Court often resolves to ensure federal law is applied consistently.

Rule of Four

A Supreme Court tradition requiring at least four justices to agree to hear a case before granting a writ of certiorari.

Attorney General

The chief law enforcement officer of the federal government and head of the Department of Justice.

Solicitor General

The government's top lawyer before the Supreme Court, responsible for deciding which cases the U.S. government will appeal.

Majority Opinion

The official ruling and reasoning agreed upon by a majority of justices.

Concurring Opinion

An opinion by a justice who agrees with the outcome but for different reasons than the majority.

Dissenting Opinion

An opinion by a justice who disagrees with the majority's decision and explains their reasoning.

Merits Briefs

Written legal arguments submitted to the court by the parties involved. The Petitioner is the party appealing the case, and the Respondent is the party defending the lower court's decision.

Amicus Curiae

Latin for 'friend of the court,' these are briefs filed by individuals or groups not directly involved in the case but with an interest in the outcome, offering additional arguments or information.

Civil Law

Concerns disputes between private parties (individuals or organizations).

Criminal Law

Involves the government prosecuting an individual for violating a law.

Habeas Corpus

A legal action challenging a person's detention, requiring authorities to justify the imprisonment before a court. It protects against unlawful confinement.

Federal Question Cases

Involve interpreting the Constitution, federal laws, or treaties.

Diversity Cases

Involve parties from different states or countries and a minimum amount in dispute, heard in federal court.

Standing

The requirement that a party must have a direct and substantial injury or interest in the outcome of a case to bring it to court.

Federalist #78

An essay by Alexander Hamilton arguing for an independent judiciary and the power of judicial review.

Article III of the Constitution

Establishes the judicial branch of the federal government, creates the Supreme Court, defines federal court jurisdiction, and grants judges lifetime tenure.

Marbury v. Madison (1803)

The pivotal Supreme Court case where Chief Justice John Marshall established the principle of judicial review.