Judaical Branch Vocab - AP US Gov

Amicus Curiae

person or organization that is not a party to a case but submits a brief to the court offering additional information, expertise, or arguments to help the judges make a decision.

Appellate Jurisdiction

the authority of a court to review and change the decision of a lower court.

Attorney General

head of the Department of Justice and the chief law enforcement officer of the federal government, responsible for enforcing federal laws and representing the United States in legal matters.

Binding Precedent

a court decision that must be followed by lower courts when deciding cases with similar facts or legal issues.

Certioriari

A writ issued by a higher court, especially the Supreme Court of the United States, ordering a lower court to send up the record of a case for review.

Civil Law

A category of law dealing with disputes between individuals, organizations, or between the two, in which no criminal penalties are involved; typically involves cases such as contracts, property, and personal injury.

Class Action Suit

A lawsuit filed by one or more individuals on behalf of a larger group of people who have suffered similar harm, allowing the case to be tried collectively rather than individually.

Common Law

Law based on judicial decisions and precedents rather than written statutes or constitutions; it evolves over time through rulings made by judges in court cases.

concurring opinion

written by a judge or justice who agrees with the majority's decision in a case but for different reasons or with additional commentary.

Criminal Law

A body of law that deals with actions considered offenses against society as a whole, where the government prosecutes individuals accused of committing crimes and penalties may include fines, imprisonment, or other punishments.

Defendant

An individual, group, or organization against whom a lawsuit is filed or who is accused of committing a crime in a court of law.

District courts

The general trial courts of the federal system where most cases begin; they have original jurisdiction over a wide range of civil and criminal cases and are responsible for determining facts and applying the law.

Dissenting opinion

An opinion written by one or more judges or justices who disagree with the majority's decision in a case, explaining the reasons for their disagreement.

Dred Scot v. Sandford

Court ruled that African Americans, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal court, and that Congress had no authority to prohibit slavery in U.S. territories.

Earl warren

Chief Justice of the Supreme Court of the United States from 1953 to 1969, known for leading the Court in landmark decisions expanding civil rights, civil liberties, and judicial power, including Brown v. Board of Education and Miranda v. Arizona.

Federalist 78

essay arguing for the independence of the judiciary, explaining the principle of judicial review, and describing the federal courts as the "least dangerous" branch because they have neither the power of the purse nor the sword.

Injunction

A court order that requires an someone to refrain from doing a specific action.

John Marshall

Chief Justice of the Supreme Court of the United States from 1801 to 1835, credited with establishing the principles of judicial review and strengthening the power of the federal judiciary through landmark cases like Marbury v. Madison.

John Roberts

The current Chief Justice of the Supreme Court of the United States (since 2005), known for his role in presiding over major cases involving healthcare, voting rights, and the balance of federal and state power.

Judaical Activism

Judges are more willing to interpret the Constitution broadly and may strike down laws or take an active role in shaping public policy through their decisions.

Judaical Restraint

A philosophy in which judges avoid broad interpretations of the Constitution and defer to the decisions of elected branches, striking down laws only when they clearly violate the Constitution.

Judaical Review

power of the Supreme Court of the United States to declare laws and government actions unconstitutional, established in Marbury v. Madison (1803).

Liberal Constructionist

person who interprets the Constitution broadly, believing it is a living document that should be adapted to changing times and societal needs, often supporting an active role for government.

Litmus Test

A method of evaluating a candidate's ideological views or positions on key issues, often used by politicians or interest groups to determine whether to support a nominee, especially for judicial appointments.

Majority opinion

The official ruling of a court in a case, supported by more than half of the judges or justices, which establishes the legal reasoning and precedent for future cases.

Marbury v. Madison

Supreme Court case in which the Supreme Court of the United States established the principle of JUDICIAL REVIEW, giving the Court the power to declare laws unconstitutional.

Original Jurisdiction

The authority of a court to hear a case for the first time, as opposed to on appeal; in the federal system, the Supreme Court of the United States has this in a limited number of cases, such as disputes between states.

Per curiam opinion

A court decision issued in the name of the court as a whole, rather than written and signed by a specific judge.

Persuasive Precedent

A legal decision from another court or jurisdiction that a judge may consider and use for guidance, but is not required to follow when making a ruling.

Petition for Certiorari

A formal request submitted to the Supreme Court of the United States asking the Court to review the decision of a lower court.

Petitioner

The party who initiates a lawsuit or appeals a case to a higher court, requesting the court to review and change a lower court's decision.

Plaintiff

The individual, group, or entity who brings a lawsuit in a civil court, claiming to have been harmed and seeking legal remedy or compensation.

plea bargain

An agreement in a criminal case in which the defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding a trial.

Political Question

A doctrine used by courts to decline hearing cases that involve issues more appropriately resolved by the executive or legislative branches rather than the judiciary.

Precedent

A legal decision or ruling from a previous case that serves as an example or guide for judges in deciding future cases with similar issues or facts.

Respondent

The party against whom a petition or appeal is filed in a court case, typically responding to the claims or arguments of the petitioner.

Rule of Four

A Supreme Court practice whereby at least four of the nine justices must agree to grant a writ of certiorari for a case to be heard.

Senatorial Courtesy

A custom in which the Senate of the United States defers to the judgment of a senator from the president's party regarding the approval of a federal judicial nominee from that senator's state.

Solicitor General

represents the federal government before the Supreme Court of the United States and determines the legal position the government will take in cases.

Standing

The legal requirement that a person or organization must have a direct, tangible interest in a case in order to bring a lawsuit or challenge a law in court.

Stare decisis

The legal principle of following precedents set by previous court decisions, promoting consistency and stability in the law.

Strict constructionist

A person who interprets the Constitution narrowly, focusing on its exact wording and original intent, and generally opposing broad or expansive judicial interpretations.

Supreme Court

The highest court in the United States, established by Article III of the Constitution, with ultimate appellate jurisdiction over federal and state courts and the power to interpret the Constitution and review the constitutionality of laws.

U.S. Circuit Court of Appeals

The intermediate federal appellate courts that review decisions from the U.S. District Courts within their circuit, focusing on whether the law was applied correctly rather than re-examining the facts of the case.

U.S. district court

The general trial courts of the federal system where cases begin, having original jurisdiction over most federal civil and criminal cases, and responsible for determining facts and applying federal law.

Writ of Certiorari

An order issued by the Supreme Court of the United States directing a lower court to send up the record of a case for review, allowing the Court to decide which cases it will hear.