AP Government and Politics Chapter 6-The Judiciary (Judicial Branch)

amicus curiae brief

"friend of the court"; a brief filed in order to raise additional points of view in order to influence the decision of the court

appellate jurisdiction

the authority to review decisions made by lower courts

attorney general

the head of the Justice Department and the chief law enforcer of the United States

binding precedent

the decisions of higher courts that set the legal standards for similar cases in lower courts within the same jurisdiction

certiorari

"to make more certain"; losing parties can appeal based on this concept

class action suit

lawsuit in which a small number of people sue on the behalf of all people in similar circumstances

common law

the body of court decisions that makes up part of the law

concurring opinion

an opinion that agrees with the result of a case but disagrees with the court's reasoning for the decision

dissenting opinion

opinion of a case that a minority of the judges agree upon... does not become case law but will sometimes be referenced by judges in future court cases

diversity citizenship

cases in which two parties reside in different states

defendent

the party answering the action

Dred Scott v. Stanford

Supreme Court case in which it was ruled that black slaves were not citizens of the United States and could not claim any rights or privileges granted to white citizens

injunction

a court order prohibiting a person from committing a certain act

judicial activism

the tendency of judges to interpret the Constitution according to their own views; often appears with loose constructionism

judicial review

allows the Supreme Court to declare a law or act unconstitutional after the fact; established in Marbury v. Madison

judicial self-restraint

judges should confine themselves to applying rules clearly stated in the Constitution; often appears with strict constructionism

litmus test

used to find where nominees stand on certain (controversial) issues

majority opinion

opinion of a case that a majority of the judges agree upon... becomes the law

Marshall, John

created the precedent of judicial review; many of his decisions gave the federal government more power

original jurisdiction

refers to where a case should be initially argued

per curium opinion

collective and anonymous decision (often brief and without explanation)

persuasive precedent

precedent which a judge is not obliged to follow, but is of importance in reaching a judgment

petition for certiorari

A formal request by one or more parties in a legal case for a the Supreme Court to grant a writ of certiorari, or to agree to hear the appeal

petitioner

party that initiates a lawsuit

plaintiff

a person or party filing a lawsuit

plea bargain

a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

precedent

A decision in a previous court case that is used as the basis for a decision in a similar case.

respondent

the individual who responds to an appellate case, claiming why and how the lower court ruled correctly

Roberts, John

Chief Justice of the Supreme Court

rule of four

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

senatorial courtesy

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

solicitor general

Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.

special legislative courts

courts created by Congress to hear matters of expert concern

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take

Supreme Court

Final federal appellate court ("court of last resort"). Hears appeals from Circuit Courts (certiorari petition / rule of 4). Only hears "important" constitutional cases.

U.S. Circuit Court of Appeals

Appellate courts in the federal court system in which cases from U.S. District Courts go to be heard if accepted by the panel of judges.

U.S. District Courts

Trial courts in the federal court system in which almost all federal case begin; courts of general jurisdiction

Warren, Earl

Chief Justice during the 1950's and 1960's who used a loose interpretation of the Constitution to expand rights for both African-Americans and those accused of crimes.

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

liberal constructionist

one who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government