Judicial Branch Vocabulary

amicus curiae

“friend of the court”; someone not involved in a case who gives info or advice to help the court decide.

apellate jurisdiction

the power of a HIGHER court to review decisions made by LOWER courts

attorney general

the top lawyer for the u.s. government; runs the department of justice

binding precedent

a past court decision that MUST be followed by FUTURE courts

certiorari

a request for the supreme court to hear a case

civil law

law dealing with DISPUTES between people, not crimes

class action suit

a lawsuit filed by one person on behalf of a LARGER group with the SAME issue

common law

law based on court DECISIONS and customs, not written laws

concurring opinion

a justice agrees with the MAJORITY but for different reasons

criminal law

laws dealing with crimes and punishments

defendant

the person being ACCUSED or sued in a court case

district courts

the LOWEST federal courts where trials are first held

dissenting opinion

a justice’s written DISAGREEMENT with the majority opnion

dred scott v. Sanford (1857)

supreme court case that said ENSLAVED people weren’t citizens; made tensions before the civil war worse

earl warren

chief justice (1953-1969)known for major civil rights rulings like brown v. board

federalist #78

essay by Hamilton explaining why Jude's should have LIFETIME TERMS and be independent

injunction

a court order telling someone to STOP doing something

john marshall

chief justice who STRENGTHENED the supreme court’s power (marbury v. Madison)

john roberts

CURRENT chief justice of the supreme court (since 2005)

judicial activism

when judges use their power to create NEW policies or expand rights

judicial restraint

when judges AVOID changing laws and defer to elected officials

liberal constructionist

interprets the constitutions as FLEXIBLE and open to CHANGE over time

litmus test

a question or issue used to judge how a POTENTIAL judge stands on key topics

majority opinion

the official DECISION and reasoning of the supreme court’s majority

marbury v. Madison (1803)

case that established JUDICIAL REVIEW

original jursidiction

the AUTHORITY to hear a case first (not on appeal)

per curiam opinion

a short, UNSIGNED court opinion issued by the WHOLE court

persuasive precedent

a PAST decision that's NOT binding but can INFLUENCE another court

petition for certiorari

a FORMAL request asking the supreme court to hear a case

petitioner

the person who brings an appeal to a HIGHER court

plaintiff

the person who STARTS a lawsuit in CIVIL court

plea bargain

when a defendant pleads GUILTY to a lesser charge to get a LIGHTER sentence

political question

an issue better handles by OTHER BRANCHES, not the courts

precedent

the person or group ANSWERING an APPEAL in court

rule of four

at least four justices MUST AGREE to hear a supreme court case

senatorial courtesy

tradition where the president asks a SENATORS APPROVAL before appointing judges in their state

solicitor general

lawyers who REPRESENTS THE U.S. in supreme court cases

standing

the right to BRING a case because YOURE directly AFFECTED by it

stare decisis

“let the decision stand”; courts follow PREVIOUS rulings

strict constructionist

believes the constitution should be interpreted exactly AS WRITTEN

supreme court

the HIGHEST court in the U.S.; final authority on constitutional issues

u.s. circuit court of appeals

MIDDLE level of federal courts that review DISTRICT court decisions

u.s. district court

the LOWEST level of FEDERAL courts; where trials begin

writ of certiorari

the supreme court’s order AGREEING to hear a case