Unit 2C: The Judiciary

Judicial review

The authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution.

Rule of Four

Is an informal Supreme Court practice that allows four of the nine justices to vote to accept a case for review

Strict constructionist

a judicial philosophy that says judges should interpret the Constitution and laws very literally, based only on the explicit wording of the text.

Federal judiciary

The branch of the federal government that interprets and applies the laws of the nation.

Supreme Court

The highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation.

Solicitor general

The third ranking official in the Department of Justice who is responsible for representing the U.S. in cases before the U.S. Supreme Court.

Original jurisdiction

The authority of a court to act as the first court to hear a case, which included the finding of facts in the case.

Federal district courts

The lowest level of the federal judiciary; these courts usually have original jurisdiction in cased that start at the federal level.

Federal courts of appeals

The middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.

Appellate jurisdiction

The authority of a court to hear and review decisions made by lower courts in the system.

Precedent

A judicial decision that guides future courts in handling similar cases.

Senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which appointees are to work.

Judicial activism

A philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.

Judicial restraint

A philosophy of constitutional interpretation that justices should be cautious in overturning laws.

Writ of certiorari

A formal writ used to bring a case before the Supreme Court.

Marbury v. Madison (1803)

A Supreme Court decision that establishes judicial review over federal laws.

Federalist #78

Argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches.

Amicus curiae brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Majority opinion

Binding Supreme Court opinions, which serve as precedent for future cases.

Dissenting opinion

An opinion that disagrees with the majority opinion and does not serve as precedent.

Concurring opinion

An opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as precedent.

Stare decisis

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.