The Bureaucracy and the Courts

appellate jurisdiction

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

bureaucracy

departments, agencies, bureaus, and commissions in the executive branch of government

cabinet

collective name for the 15 federal departments that are each responsible for one broadly defined policy area

certiorari petition

a request to the Supreme Court to review a case that has already been decided by a lower court

civil law

concerns noncriminal disputes between private parties

civil servants

bureaucrats hired through a merit-based personnel system and who have job protection

class action lawsuit

lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies.

concurring opinion

written by a Supreme Court Justice who voted with the majority, but for different reasons

criminal law

concerns conduct that is prohibited because of its harmful effects to society as a whole

discretionary authority

The ability of executive agencies to make decisions about how to enforce laws and implement policy

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

government corporation

an executive branch unit that sells a service and is expected to be financially self-sufficient

independent executive agencies

a group of executive units created by Congress and the president that are responsible for more narrowly defined functions of the national government

independent regulatory agencies

executive branch units that are outside of cabinet departments and are responsible for monitoring and regulating specific industries or areas of the economy

injunction

court order that forbids a party from performing a certain action

judicial activism

philosophy that the courts should take an active role in solving problems

judicial restraint

philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law

judicial review

power of the courts to review the constitutionality of laws or government actions

majority opinion

written to express the majority viewpoint in a Supreme Court case

merit system

system of hiring federal workers based upon competitive exams, qualifications and competition

original jurisdiction

The authority of a court to first hear a case

outsourcing

the process of the government signing work contracts with private organizations to assist in implementing national policy

political appointees

those who have received presidential appointments to office. Contrast with Civil Service employees, who receive federal jobs by competitive exams

red tape

complex rules and procedures required by bureaucratic agencies

remand

the Supreme Court's sending of a case back to the original court in which it was heard

rule making authority

process by which an independent agency or commission fills in the details of a vague law by creating rules and regulations that will be enforced

rule of four

The Supreme Court will hear a case if four justices agree to do so.

senatorial courtesy

custom that the Senate will not approve a presidential appointment if he or she is opposed by either senator from the nominee's home state

stare decisis

Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases.

whistleblower

an employee who exposes unethical or illegal conduct within the federal government or one of its contractors

writ of certiorari

issued by the Supreme Court to a lower court to send up the records of a case so that it can be reviewed by the high court

writ of habeas corpus

court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.

writ of mandamus

court order directing a party to perform a certain action