ap gov unit 6 - judiciary

amicus curiae

"Friend of the court"; aici may file briefs or even appear to argue their interests orally before the court

appellate jurisdiction

The power vested in particular courts to review and/or revise the decision of a lower court.

brief

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial.

dissenting opinions

A type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explaintheir legal reasoning.

concurring opinions

A type of judicial opinion issued by a minority of judges ona court who agree with the outcome of a case, but wishes to express different legal reasoning.

Federalist No. 78

A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review.

judicial activism

A philosophy of judicial decision maкing that posits judges should use their power broadly to further justice.

judicial implementation

How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.

judicial restraint

A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge's own principles.

judicial review

Power of the courts to review acts of other branches of government and the states.

Marbury v. Madison

Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court's original jurisdiction was unconstitutional.

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

precedents

A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature.

Rule of Four

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

senatorial courtesy

A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection.

solicitor general

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.

stare decisis

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

strict constructionist

An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.

writ of certiorari

A request for the Supreme Court to order up the records from a lower court to review the case.

concurrent jurisdiction

the authority shared by both federal and state courts to hear and decide the same case, allowing plaintiffs to choose where to file, which often leads to forum shopping and potential conflicts in legal rulings

litigation

the process of taking legal action, where individuals, interest groups, or the government bring cases (lawsuits) before courts to resolve disputes, interpret laws, protect rights, or set legal precedents.

loose constructionist

interprets the Constitution broadly as a "living document," applying its principles flexibly to meet changing modern societal needs and supporting implied federal powers rather than adhering to a strict, literal reading.

majority opinion

the official, legally binding written explanation of a court's decision, agreed upon by more than half of the justices

oral arguments

formal, timed, and verbal presentations made by attorneys before a panel of judges or Supreme Court justices

standing to sue

The requirement that plaintiffs (원고, 고소인) have a serious interest in a case, which depends on whether they have sustained or likely to sustain a direct and substantial injury from a party or an action of government.

Plaintiffs must have a standing to sue in order to challenge the law.