AP Gov: Judicial Branch

Judicial Review

Judicial Review

The power of the courts to review and determine the constitutionality of laws or government actions.

Marbury v. Madison

A landmark Supreme Court case that established the principle of judicial review in the United States.

Judicial Restraint

A principle in constitutional law that encourages judges to limit their power and defer to the decisions of the legislative and executive branches.

Judicial Activism

deciding a case based on the underlying principles of the Constitution

Constitutional Court

Supreme Court and appellate and district courts created by Congress

District Court

lowest federal court, federal trials are only held here  

Courts of Appeals

federal courts that hear appeals from district courts  

Legislative Courts

created by Congress, includes military appeals 

Litmus test

term used to describe how a judge’s ideology is determined by the Senate

Federal-question cases

Cases that involve a federal law or the interpretation of the U.S. Constitution.

Diversity cases

Cases between parties from different states or countries, involving a certain amount of money in dispute.

Writ of certiorari

An order by the Supreme Court to review a case from a lower court.

In forma pauperis

A status that allows a person to proceed with a lawsuit without paying court fees due to financial hardship.

Standing

The legal right to bring a lawsuit, requiring a party to have a sufficient stake or interest in the outcome.

Sovereign immunity

The principle that the government cannot be sued without its consent.

Class-action suit

A lawsuit brought by a group of individuals who have suffered similar harm or injury.

Brief

A written legal document that presents arguments and legal authorities in support of a party's position.

Amicus curiae

A brief filed by a person or organization who is not a party to the case but has an interest in the outcome.

Opinion of the Court

The majority opinion that represents the decision and reasoning of the Supreme Court.

Concurring opinion

An opinion written by a justice who agrees with the majority's decision but for different reasons.

Dissenting opinion

An opinion written by a justice who disagrees with the majority's decision.

Stare decisis

The principle of following precedent and adhering to previous court decisions.

Strict Constructivism

A judicial philosophy that interprets the Constitution based on its original meaning and intent.