Judicial Branch Vocab

1. Article III of the Constitution

The part of the Constitution that creates the federal court system and the Supreme Court.

2. Judicial Review

The power of courts to cancel laws or actions that go against the Constitution.

3. Marbury v. Madison (1803)

The famous Supreme Court case that first set up the power of judicial review.

4. Original Jurisdiction

The authority of a court to hear a case first, before any appeal is made.

5. Appellate Jurisdiction

The authority of a higher court to review and change decisions made by lower courts.

6. U.S. District Courts

The lowest federal trial courts where cases begin, witnesses testify, and juries decide guilt or liability.

7. U.S. Courts of Appeals

Middle federal courts that review appeals from district courts without holding a new trial.

8. Supreme Court

The highest court in the country and the ultimate authority on federal law.

9. Writ of Certiorari

An official order from the Supreme Court agreeing to pull up records and hear a case.

10. Rule of Four

The rule that at least four Supreme Court justices must agree to take a case before it is heard.

11. Amicus Curiae Brief

A 'friend of the court' letter sent by outside groups to share extra info and persuade the judges.

12. Stare Decisis

A Latin phrase meaning 'let the decision stand'—the rule that judges must follow past rulings.

13. Precedent

An earlier court ruling used as a guide to decide future cases with similar facts.

14. Majority Opinion

The official written ruling supported by more than half of the judges hearing the case.

15. Concurring Opinion

A written paper by a judge who agrees with the winner of a case, but for different legal reasons.

16. Dissenting Opinion

A written paper by judges explaining why they disagree with the winning majority decision.

17. Judicial Activism

The belief that judges should interpret the Constitution broadly to fix unfair laws and modern social problems.

18. Judicial Restraint

The belief that judges should limit their power, follow the exact text, and let elected leaders make policy.

19. Originalism

The belief that the Constitution should be understood only by what the words meant when they were first written.

20. Living Constitution / Loose Constructionism

The view that the meaning of the Constitution naturally grows and changes as modern society changes.

21. Senatorial Courtesy

The unwritten custom where the president asks home-state senators for approval before naming a local federal judge.

22. Judicial Implementation

The way court decisions are put into action and enforced by presidents, governors, and government agencies.

23. Justiciability

The legal test used to decide whether a problem is proper for a court to resolve.

24. Standing to Sue

The rule that a person must prove direct, personal harm before being allowed to bring a lawsuit.

25. Class Action Suit

A single lawsuit filed by one or a few people on behalf of a large group who have the exact same problem.