Judicial Branch Vocab - AP Gov

Judicial review

The power of a court to refuse to enforce a law or government regulation that conflicts with the U.S. Constitution.

Adversary system

A judicial system in which the court is a neutral arena where two parties argue their differences.

Criminal law

A law that defines crimes against the public order.

Civil law

A law that governs relationships between individuals and defines their legal rights.

Justiciable dispute

A dispute that arises from an actual case or controversy and is capable of settlement by legal methods.

Defendant

In a criminal action, the person or party accused of an offense.

Plea bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense.

Public defender system

Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.

Original jurisdiction

The authority of a court to hear a case 'in the first instance.'

Appellate jurisdiction

The authority of a court to review decisions made by lower courts.

Court of appeals

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

Precedent

A decision made by a higher court that is binding on all other federal courts.

Writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

Senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states of the appointees.

Judicial restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended.

Judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Stare decisis

The rule of precedent that a rule or law contained in a judicial decision is binding on judges for the same question.

Writ of certiorari

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

Docket

The list of potential cases that reach the Supreme Court.

Amicus curiae brief

A 'friend of the court' brief filed to present arguments in addition to those from the immediate parties.

Opinion of the Court

An explanation of the decision of the Supreme Court or any appellate court.

Dissenting opinion

An opinion disagreeing with the majority in a Supreme Court ruling.

Concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Selective Incorporation

Doctrine by which most protections found in the Bill of Rights are made applicable to the states via the 14th Amendment.