Judicial Branch Vocabulary

Comprehensive review flashcards covering key definitions, principles, and concepts related to the Judicial Branch.

What is an amicus curiae brief?

A brief submitted by a "friend of the court" to provide the court with additional information on a case.

What is the primary function of an appellate court?

A court that generally reviews only the findings of law made by lower courts to see if there was an error in the law (unconstitutional), or an error in its administration.

How is appellate jurisdiction defined?

The authority of a court to hear a case brought to them on appeal from a lower court and having the power to review and/or revise the decision of a lower court.

In legal proceedings, what is a brief?

A written statement by an attorney that summarizes a case and the laws and rulings that support it.

What types of cases are covered under civil law?

A category of law covering cases involving private rights and relationships between individuals and/or groups.

What is a class-action suit?

A case brought by an individual that will impact a person and all others similarly situated.

What is a concurring opinion?

A signed opinion in which one or more members agree with the majority view, but for different reasons.

What are constitutional courts?

Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III.

How is criminal law defined?

A category of law covering actions determined by a law to harm the community.

Who is the defendant in a legal case?

A person or group against whom a case is brought in court.

What perspective is featured in a dissenting opinion?

A signed opinion that features the perspective of those justices who disagreed with the majority opinion.

What role do district courts (trial courts) serve in the federal court system?

The lowest federal courts that have original jurisdiction over most federal cases, where the case begins.

What is a diversity case?

A federal case involving citizens of different states.

What is the primary role of the federal judiciary?

The branch of government that interprets the laws of the nation.

What arguments did Alexander Hamilton make in Federalist No. 78 regarding the federal judiciary?

He argued that the federal judiciary would be unlikely to infringe upon the rights and liberties of the people, would serve as a check on the other two branches, would act impartially because judges are insulated from politics by appointment for a "term of good behavior," and would be the weakest branch because it only has the power to interpret the Constitution, not write or enforce the law.

What is the view of judicial activism?

The view that judges should apply the principles and provisions of the Constitution to modern circumstances.

What is judicial implementation?

How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.

What is the philosophy of judicial restraint?

The view that judges should decide cases strictly on the basis of the language of laws and the Constitution, and that justices should be cautious in overturning laws.

What power does judicial review grant to the courts?

The power of the Courts to declare laws constitutional/unconstitutional.

What was established by the Judiciary Act of 1789?

A legislative act that established the basic three-tiered structure of the federal court system.

How is court jurisdiction defined?

Authority vested in a particular court to hear and decide the issues in a particular case.

What are legislative courts, and what is one example?

Courts created by Congress for specialized purposes, such as the U.S. Tax Court.

What is a litmus test in political nominations?

A question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

What was the significance of the landmark Supreme Court ruling in Marbury v. Madison (1803)?

It established the Court's power of judicial review by finding the provisions of the Judiciary Act of 1789 that extended the original jurisdiction of the Supreme Court unconstitutional, thus making the judiciary a coequal branch of government.

What is the Opinion of the Court (majority opinion)?

The judicial opinion/decision agreed upon by more than half the members of the Court that explains the reasoning to the Court's decision.

What does original jurisdiction entail?

The authority of a court to hear a case first and determine the facts of the case.

Who is the plaintiff in a court case?

The party that initiates a lawsuit.

How is a legal precedent defined?

The principle set by the Court in one case that will be used as the basis for deciding future cases of a similar nature.

What requirement must be met under the Rule of Four?

In order for a case to be granted certiorari (be heard), four of the nine justices must agree that the case is worthy to be heard.

What is the unwritten custom of senatorial courtesy?

An unwritten custom that the Senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve.

What are the responsibilities and rank of the Solicitor General?

The fourth-ranking member of the Department of Justice (DOJ); responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.

What does the principle of sovereign immunity establish?

The government may not be sued without its consent.

What is standing in legal terms?

A legal rule stating who is authorized to start a lawsuit.

What is the meaning of the principle of stare decisis?

"Let the decision stand;" or allowing prior rulings to determine the Court's stand on a current issue.

How is the Supreme Court established and structured within the federal judiciary?

The highest level of the federal judiciary which was established in Article III of the Constitution, also known as the highest Court in the nation and the Court of last resort.

What is a writ of certiorari?

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