AP Government Judicial Branch terms (Units 2.8-2.11)

Article III

Wrote the foundation of the judicial branch. Verifies life tenure for judges which allows the court to function independent of the current political climate.

Federalist 78

the argument for how the judicial branches’ Independence checks the power of the other branches of government.

Original Jurisdiction

The authority of a court to hear a case first.

District courts

the trial-level courts of the federal system where cases are heard for the first time. These courts have original jurisdiction.

Courts of Appeals (Circuit Courts)

Intermediate appellate courts that may review district court opinions as requested.

Supreme Court

The highest court in the US, with both original and appellate jurisdiction.

Judicial Review

The Supreme Court’s power to determine the constitutionality of a Congressional law, executive action, state law, or state court decision.

Writ of Certiorari

An order from the Supreme Court requesting the lower court’s record. This signals the Court will hear a case.

Rule of Four

A Supreme Court custom, requires at least four justices to vote in order to hear a case.

Judical Appointments

The process by which the president nominates federal judges.

Senate Confirmation

The Senate reviews and votes to approve or reject judicial nominees

Judicial Independence

The principle that judges should be free from political pressure and influence.

Judicial Restraint

Asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.

Judicial Activism

Asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts.

Precedent

A principle or rule established in a previous legal case relevant to a court when deciding subsequent cases.

Stare Decisis

The legal doctrine under which courts follow legal precident’s when deciding cases with similar facts

Majority Opinion

The official Court opinion that states the decision and reasoning of most justices.

Concurring opinion

A justice’s opinion agreeing with the majority decision but for different reasons.

Dissenting Opinion

a justice’s disagreement with the majority. This can influence their future legal thinking.

Amicus Curiae Briefs

“friend of the court” briefs submitted by interest groups or individuals to influence the court’s decision

Oral Arguments

Presentations by lawyers to the Supreme Court where justices ask questions.

Solicitor General

Government’s top lawyer in the Supreme Court. Often called the “10th justice” due to strong influence.

Judicial Implementation

How court decisions are translated into actual policy by the Executive branch, bureaucracy, and lower courts

Checks on the Judiciary

Mechanisms that constrain judicial power, including Congressional legislation, Constitutional amendments and presidential enforcement.

Congressional Oversight of Courts

Congress can pass laws modifying jurisdiction, alter the structure of courts, or impeach judges.

Public Opinion and Courts

While insulated from elections, courts may be influenced by concerns about legitimacy and public acceptance of rulings.

Constraints on Judicial Power

Factors such as lack of enforcement power, limited control over the agenda, and reliance on other branches to implement decisions.