AP Gov ~ Chapter 6 Vocab

Key vocabulary terms and definitions covering the judicial branch, constitutional interpretation, court structures, and landmark judicial concepts from AP Government Chapter 6.

original jurisdiction

The authority of a court to hear a case first, which includes the finding of facts in the case

appellate jurisdiction

The authority of a court to hear and review decisions made by lower courts in that system

Federalist 78

Essay by Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as check on the other two branches

Marbury v. Madison (1803)

The Supreme Court decision that established judicial reviews over federal laws

criminal law

The body of law where the government prosecutes an individual for committing an act that harms society

civil law

The branch of law that governs private, non-criminal disputes between individuals, businesses, or organizations

federal district courts

The lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

federal court of appeal (circuit courts)

The middle level of the federal judiciary; these courts review and hear appeals from the federal district courts

precedent

A judicial decision that guides future courts in handling similar cases

stare decisis

The practice of letting a previous legal decision stand

majority opinion

A binding Supreme Court opinion, which serves as precedent for future cases

concurring opinion

An opinion that agrees with the majority decision but offers different or additional reasoning that does not serve as precedent

judicial activism

A philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

supreme court

The highest court in the U.S. judicial branch and serves as the ultimate arbiter of constitutional law

article iii

Section of the Constitution that establishes the judicial branch of the federal government

John Marshall

Chief Justice of the Supreme Court who expanded the Supreme Court and federal govt.'s power

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Amicus Curiae Brief

A written legal argument submitted to a court by an individual, interest group, state, or organization that is not an actual party to the lawsuit ("friend of the court")

writ of certiorari (cert)

A formal order by a higher court—most notably the U.S. Supreme Court—directing a lower court to send up the records of a case for review

judicial restraint

A philosophy of constitutional interpretation that justices should be cautious in overturning laws and should adhere to the Constitution and previous precedent

judicial review

The power of the federal courts (led by the Supreme Court) to declare laws, executive actions, or state actions unconstitutional, making them null and void