Judiciary branch vocab

Amicus Curiae

A “friend of the court” brief submitted by an interested party not directly involved in the case, offering information or arguments.

Appellate Jurisdiction

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

Attorney General

The head of the Department of Justice; the nation’s top legal officer.

Binding Precedent

A legal principle established by a higher court that must be followed by lower courts in future similar cases.

Certiorari

An order by which a higher court reviews a decision of a lower court; often refers to the Supreme Court agreeing to hear a case.

Civil Law

The body of law dealing with disputes between individuals or organizations, typically involving compensation.

Class Action Suit

A lawsuit filed by a group of people with the same or similar injuries caused by the same action or product.

Common Law

Law based on judicial decisions and precedent rather than on statutes.

Concurring Opinion

An opinion written by a justice who agrees with the majority decision but for different reasons.

Criminal law

The body of law dealing with crimes and their punishments.

Defendant

The person or party accused or being sued in a court case.

District courts

The lowest federal courts; where federal cases begin and trials are held.

Dissenting Opinion

An opinion written by a justice who disagrees with the majority decision of the Court.

Dred Scott v. Sandford (1857)

Supreme Court case that ruled enslaved people were property and had no rights; invalidated the Missouri Compromise.

Earl Warren

Chief Justice of the Supreme Court (1953–1969); known for expanding civil rights and liberties.

Federalist #78

Hamilton’s essay arguing that the judiciary is the weakest branch and supports judicial review.

Injunction

A court order requiring a person or group to stop doing a specific action.

John Marshall

Chief Justice (1801–1835) who strengthened the power of the Supreme Court and established judicial review.

John Roberts

Current Chief Justice of the Supreme Court, appointed in 2005.

Judicial Activism

The belief that the courts should play an active role in interpreting the Constitution to reflect current conditions and values.

Judicial Restraint

The belief that judges should limit the exercise of their own power and defer to elected branches.

Judicial Review

The power of the courts to declare laws or executive actions unconstitutional.

Liberal Constructionist

One who interprets the Constitution as a living document, allowing for a broader interpretation of powers.

Litmus Test

A test of ideological purity used by presidents in selecting and senators in confirming judges.

Majority Opinion

The official decision of the Court that states the reasoning and outcome of the case.

Marbury v. Madison (1803)

Landmark case that established the principle of judicial review.

Original Jurisdiction

The authority of a court to hear a case for the first time.

Per Curiam Opinion

An unsigned court opinion that represents the view of the Court as a whole.

Persuasive Precedent

A previous decision that may influence a judge’s decision but is not binding.

Petition for Certiorari

A request asking the Supreme Court to review the decision of a lower court.

Petitioner

The party who brings a case to the Supreme Court.

Plaintiff

The person who initiates a lawsuit in a civil case.

Plea Bargain

An agreement in a criminal case where the defendant pleads guilty to a lesser charge to receive a lighter sentence.

Political Question

A doctrine where courts refuse to hear cases that they believe should be resolved by other branches of government.

Precedent

A past judicial decision used as a standard in later similar cases.

Respondent

The party responding to a petition or appeal before a higher court.

Rule of Four

The principle that at least four Supreme Court justices must agree to hear a case.

Senatorial Courtesy

A custom where the Senate will not confirm a judicial nominee opposed by a senator from the nominee’s state.

Solicitor General

The federal government’s top lawyer who represents the U.S. before the Supreme Court.

Standing

The legal right to bring a lawsuit, requiring that the party has a direct stake in the outcome.

Stare decisis

The principle that courts should follow established precedent when deciding cases.

Strict Constructionist

One who interprets the Constitution narrowly, focusing on the text’s original meaning.

Supreme Court

The highest court in the United States; has both original and appellate jurisdiction.

U.S. Circuit Court of Appeals

The intermediate federal appellate courts that review cases from district courts.

U.S. District Court

The lowest level of the federal court system where trials are held and lawsuits begin.

Writ of Certiorari

A formal order from the Supreme Court to a lower court to send up the record of a case for review.