THE COURTS AND THE BUREAUCRACY

Appellate jurisdiction

Authority of a court to hear an appeal from a lower court.

Bureaucracy

Departments, agencies, bureaus, and commissions in the executive branch of government.

Cabinet

Collective name for the 15 federal departments responsible for broadly defined policy areas, headed by presidential appointees.

Certiorari petition

A request to the Supreme Court to review a case already decided by a lower court.

Civil law

Concerns non-criminal disputes between private parties.

Civil servants

Bureaucrats hired through the merit-based personnel system with job protection.

Class action lawsuit

Lawsuit brought on behalf of a class of people against a defendant.

Concurring opinion

Written by a Supreme Court Justice who voted with the majority for different reasons.

Criminal law

Concerns conduct prohibited due to its harmful effects on society, prosecuted by the government.

Discretionary authority

Ability of executive agencies to decide whether or not to take certain actions when implementing laws.

Dissenting opinion

Written by a Supreme Court Justice who expresses a minority viewpoint in a case.

Government corporation

An executive branch unit that sells services and is expected to be financially self-sufficient.

Independent executive agencies

Executive units created by Congress and the president for narrowly defined government functions.

Independent regulatory agencies

Executive branch units outside cabinet departments that monitor and regulate specific industries.

Injunction

Court order that forbids a party from performing a certain action.

Judicial activism

Philosophy that courts should take an active role in solving problems.

Judicial restraint

Philosophy that courts should defer to lawmakers and focus on interpreting law.

Judicial review

Power of the courts to review the constitutionality of laws or government actions.

Majority opinion

Written to express the majority viewpoint in a Supreme Court case.

Merit system

System of hiring federal workers based on competitive exams and qualifications.

Original jurisdiction

Authority of a court to first hear a case.

Outsourcing

Process of government signing contracts with private organizations to assist in implementing policy.

Political appointees

Individuals who received presidential appointments to office.

Red tape

Complex rules and procedures required by bureaucratic agencies.

Remand

Supreme Court’s sending of a case back to the original court for further action.

Rule making authority

Process by which an agency creates rules and regulations to enforce vague laws.

Rule of four

Supreme Court will hear a case if four Justices agree to do so.

Senatorial courtesy

Custom that Senate will not confirm a nominee opposed by either senator from the nominee’s home state.

Stare decisis

Supreme Court policy of following precedent in deciding cases.

Whistleblower

Employee who exposes unethical or illegal conduct within the federal government.

Writ of certiorari

Issued by the Supreme Court to a lower court to send up the records of a case.

Writ of habeas corpus

Court order for authorities to show cause for holding a prisoner in custody.

Writ of mandamus

Court order directing a party to perform a certain action.