Judicial Branch & Courts - Study Set

Vocabulary flashcards covering key terms related to the Judicial Branch and Courts, including definitions of legal concepts, landmark cases, and notable figures.

Judicial Review

The power of the courts to declare laws or executive actions unconstitutional (established in Marbury v. Madison).

Judicial Restraint

Judicial philosophy where judges defer to elected branches and avoid overturning laws unless clearly unconstitutional.

Liberal Constructionist

A judge who interprets the Constitution broadly, allowing for modern meanings and applications.

Majority Opinion

The official decision of the Court, representing the views of the majority of justices.

Marbury v. Madison (1803)

Landmark case establishing judicial review, the Supreme Court's authority to strike down unconstitutional laws.

Nuclear Option

A Senate rule change allowing judicial or executive nominees to be confirmed with a simple majority vote, instead of 60 votes.

Original Jurisdiction

The authority of a court to hear a case first, rather than on appeal.

Petition for Certiorari

A formal request asking the Supreme Court to review a lower court's ruling.

Precedent

A previous court ruling that guides future cases with similar facts or legal issues.

Persuasive Precedent

A past ruling from another jurisdiction that a court may consider but is not required to follow.

John Roberts

Current Chief Justice of the U.S. Supreme Court (since 2005), generally conservative but sometimes a swing vote.

Rule of Four

Supreme Court practice requiring at least four justices to agree to hear a case.

Senatorial Courtesy

Tradition where presidents defer to senators of their party from a nominee's state when making federal judicial appointments.

Standing

The legal requirement that a person must show sufficient connection or harm to bring a lawsuit.

Stare Decisis

The principle of 'let the decision stand,' where courts follow established precedent.

Strict Constructionist

A judge who interprets the Constitution literally and narrowly, limiting judicial interpretation.

Clarence Thomas

Conservative Supreme Court justice (appointed 1991), known for originalism and quiet demeanor during oral arguments.

U.S. Circuit Courts of Appeals

The intermediate federal appellate courts that review cases from U.S. District Courts; divided into 12 regional circuits.

Appellate Jurisdiction

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

Attorney General

The head of the U.S. Department of Justice, chief law enforcement officer of the federal government.

Robert Bork

A conservative judge nominated to the Supreme Court in 1987; rejected by the Senate, sparking the term 'Borked' for blocked judicial nominees.

Certiorari

An order by the Supreme Court to review the decision of a lower court.

Concurring Opinion

A Supreme Court opinion that agrees with the majority's decision but for different legal reasoning.

Dissenting Opinion

A Supreme Court opinion written by justices who disagree with the majority ruling.

Federalist 78

Hamilton's essay arguing for judicial independence, life tenure for judges, and the power of judicial review.

Merrick Garland

Judge nominated to the Supreme Court by Obama in 2016; Senate Republicans refused to hold hearings.

Judicial Activism

Judicial philosophy where judges are more likely to strike down laws and set (policy).