Unit 2 - Chapter 6 - AP Government

Adversarial judicial system

A system where two legal disputing parties present their cases and the court determines the winner.

Amicus Curiae brief

A brief filed by a non-party to influence the Supreme Court's decision.

Appellate Jurisdiction

Authority to review law interpretation and application in previous decisions.

Article I Courts

Courts created by Congress under constitutional authority to administer specific federal legislation.

Article III of the Constitution

Specifies the Supreme Court's original and appellate jurisdiction.

Attitudinal Model

Claims judicial decision-making is guided by individual judges' policy and ideological preferences.

Bench Memo

A summary of a case written by a justice's law clerk, outlining relevant facts and suggesting questions.

Bench Trial

A trial where the presiding judge decides on guilt or liability.

Beyond a Reasonable Doubt

The standard of proof the government must meet in criminal cases.

Cert Memo

Description of case facts and legal arguments, with a recommendation, written by a justice's law clerk.

Certiorari Petition

A petition submitted to the Supreme Court requesting review of a lower court's decision.

Civil Law

Deals with disputes between individuals, corporations, and governments over harms caused by actions or inactions.

Collegial Court

A court where judges evaluate a case together and reach a decision through compromise and negotiation.

Common Law

Judge-made law based on tradition and previous judicial decisions.

Concurring Opinion

An opinion agreeing with the majority decision but disagreeing with some legal interpretations or conclusions.

Constitutional Law

Law that comes out of court cases involving the interpretation of the Constitution.

Court of Last Resort

The highest court in a judicial system.

Courts of Appeal

Courts with authority to review and correct errors in the interpretation or application of law.

Criminal Law

Deals with conduct harmful to society, prosecuted and punished by the government.

Cult of the Robe

Trappings of judicial office that separate the judiciary from partisan politics.

Descriptive Representation

Ensuring governing bodies include representatives of major demographic groups in proportions similar to the population.

Discretionary Jurisdiction

The authority of a court to select the cases it will hear from all the cases appealed to it.

Dissenting Opinion

An opinion disagreeing with the majority's disposition and legal interpretations.

District Courts

Federal trial courts with mandatory jurisdiction.

Doctrine of Stare Decisis

A common-law doctrine directing judges to apply the rule of law used in earlier similar cases to the current case.

Dual Court System

The existence of 50 state judicial systems and one national judicial system.

Federal Courts of Appeals

Federal courts with mandatory appellate jurisdiction.

Judicial Activism

Judges willing to strike down laws and step away from precedents.

Judicial Independence

Insulating judges from the need to be accountable to voters or elected officials.

Judicial Restraint

Judges deferring to the elected legislative and executive branches.

Judicial Review

Court authority to determine if an action violates the Constitution.

Jury Trial

A trial where a group of people decides on guilt or liability.

Law

Rules established by government officials that bind governments and individuals.

Legal Model

Focuses on legal norms and principles in judicial decision making.

Life Term

Judicial appointment lasting until the judge dies.

Living Constitution

View that legal interpretation of the Constitution can adapt to changing social customs and norms.

Mandatory Jurisdiction

The requirement that a court hear all cases filed with it.

Marbury v. Madison

The first use of judicial review by the Supreme Court.

Original Jurisdiction

Judicial authority to hear cases for the first time and determine guilt or liability.

Originalism

View that the law should be interpreted based on its public understanding when written.

Penal Code

A state's criminal law compiled into one document.

Precedents

Previous cases with similar facts used to decide the legal dispute in a new case.

Preponderance of Evidence

The standard of proof used in civil cases, showing it is more likely than the harm claimed.

Rule of Four

The practice by which the Supreme Court justices decide to hear a case if four or more justices want to hear it.

Rule of Law

Belief that a country should be governed by consistently applied and legitimately adopted policies and statutes.

Senatorial Courtesy

The Senate's custom to not confirm a nominee if opposed by one or both senators from the nominee's home state.

Solicitor General

The person appointed to represent the federal government in all appeals before the Supreme Court.

Strategic Model

States that judges' primary guide is their individual policy preferences, tempered by institutional factors and concern over the legitimacy of the court system.

Substantive Representation

Assumption that a government official will best serve the concerns of the group to which he or she belongs.

Symbolic Representation

Diversity among government officials as an indication of equal opportunity to influence government.

Tort

A situation when a person's body or property is harmed by another person's negligence or wrongful act.

Trial Court

A court with original jurisdiction that decides guilt or liability based on presented facts.

U.S. Code

A compilation of all the laws passed by the U.S. Congress.

U.S. Supreme Court

The court of last resort for conflicts over the U.S. Constitution and national laws.

Writ of Certiorari

An order for a lower court to make available the records of a past case for review by a higher court.