Unit 2 Judicial Branch Vocab

Amicus Curiae

“friend of the court,” not directly involved in the case, who submits information or an argument to assist the court in making a decision

Appellate Jurisdiction

the power of a higher court to review and change the decision of a lower court

Attorney General

head of the US Department of Justice, main legal advisor to the federal government

Blinding precedent

a prior decision that must be followed by lower courts in future cases with similar facts

Certiorari

an order by which the Supreme Court reviews a lower court’s decision (“to be made certain”)

Civil Law

law dealing with private rights and relationships, not criminal matters

Class Action Suit

a lawsuit filed by one or more individuals on behalf of a larger group with similar claims

Common Law

law based on court decisions and precedents rather than written statutes

Concurring Opinion

a separate opinion written by a justice who agrees with the majority’s outcome but for different reasons

Criminal Law

law dealing with crimes and their punishments

Defendant

the person being accused or sued in a court case

District Courts

the lowest level of federal courts; where trials are held and lawsuits begin

Dissenting Opinion

a statement written by justices who disagree with the majority opinion

Dred Scott v. Sandford

Supreme Court case that ruled African Americans were not U.S citizens, helped spark the Civil War

Earn Warren

Chief Justice known for expanding civil rights and liberties (e.g., Brown v. Board)

Federalist #78

Hamilton’s essay arguing for an independent judiciary and judicial review

Injunction

a court order that stops someone from performing a certain action

John Marshall

Chief Justice who strengthened the federal government and established judicial review

John Robert

current chief justice of the United States

Judicial Activism

when judges use their power to promote new policies or expand rights

Judicial Restraint

when judges defer to elected branches and avoid making policy through rulings

Judicial Review

the power of courts to strike down laws or executive actions as unconstitutional (Marbury v. Madison)

Liberal Constructionist

someone who interprets the Constitution broadly, allowing for change and adaptation over time

Litmus Test

a test of a judicial nominee’s ideological purity, often on key issues like abortion

Majority Opinion

the official ruling of the Court, representing the view of most justices

Madbury v. Madison

the Supreme Court case that established judicial review

Original Jurisdiction

the authority of a court to hear a case first, before any other court

Per Curiam Opinion

an unsigned court opinion representing the whole Court’s view

Persuasive Precedent

a past decision that may influence but does not bind a court

Petition for Certiorari

a request asking the Supreme Court to review a lower court’s decision

Petitioner

the person who brings an appeal to a higher court

Plaintiff

the person who files a lawsuit in a civil case

Plea Bargain

an agreement in which a defendant pleads guilty to a lesser charge to avoid a trial

Political Question

an issue the Court refuses to decide because it’s more appropriate for other branches

Precedent

a previous court decision that guides future cases

Respondent

the party responding to an appeal in a higher court

Rule of Four

at least four Supreme Court justices must agree to hear a case

Senatorial Courtesy

a tradition where presidents consult senators from a nominee’s state before making federal judge appointments

Solicitor General

the top lawyer representing the U.S. government before the Supreme Court

Standing

the right of a party to bring a lawsuit, requiring a direct and personal stake in the outcome

StareDecisis:” let the decision stand”; the principle of following precedent

Strict Constructionist

someone who interprets the Constitution exactly as written and narrowly limits government power

U.S. Circuit Court of Appeals

the middle level of federal courts; reviews district court decisions

U.S. District Court

the lowest level of federal courts where trials are held

Writ of Certiorari

an order by the Supreme Court agreeing to hear a case from a lower court