judicial branch review

Supreme Court

Highest court of the United States. Has final say over all constitutional questions

US court of Apeals

Level below the Supreme Court, 13 of them

District court

First level of the federal judicial system

Jurisdiction

The authority to hear and rule on a case

Concurrent Jurisdiction

If both the state and federal court systems can hear and rule on a case.

Original Jurisdiction

The authority to rule and hear on a case for the first time

Appellate Jurisdiction

The authority to hear and rule on a case during the appeals process

Exclusive jurisdiction

The authority of either the state or federal system to hear and rule on a case.

Precedent

A previous ruling that sets the standards for how law is understood and applied

Writ of Certiorari

An order from the Supreme Court to a lower court to send up a case for review

Majority Opinion

5, 6, 7, 8, or 9 justices vote with this opinion. It will become the new precedent

Concurring Opinion

When a justice votes with the majority side but for different legal Reasons

Dissenting Opinion

4, 3, 2, 1 justices votes with this side. Share their legal opinions

Judicial Review

The power of the judicial branch to declare laws or executive actions unconstitutional

Judicial Restraint

Philosophy

Legal philosophy held primarily by more conservative justices that holds that judges/justices are present to interpret the constitution according to its original meaning.

Judicial Activism

Philosophy

Legal philosophy held primarily by more liberal justices that holds that judges/justices are present to apply the constitution to modern times and values

Stare Decisis

Legal principle that judges/justices should abide by previous precedents set. Makes the law more consistent across the county.

Rule of 4

4 Supreme Court justices must agree to hear a case

Amicus Curiae Brief

A brief written by parties not directly involved in a supreme court case but with a vested interest

Litmus test

This a test used by President's when selecting nominees for the supreme court or other courts. This test helps determine the judge's legal philosophy and where they fall on the political ideology spectrum.