Chapter 6: The Judiciary

Original jurisdiction

Original jurisdiction

the authority of a court to act as the first court to head a case, which includes the finding of facts in the case

Appellate jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system

Federalist No. 78

argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches

Judicial review

the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution

Criminal law

a category of law covering actions determined to harm the community

Civil law

a category of law covering cases involving private rights and relationships between individuals and groups

Precedent

a judicial decision that guides future courts in handling similar cases

Stare decisis

the practice of letting previous legal decision stand

Majority opinion

binding Supreme Court opinions, which serve as precedent for future cases

Concurring opinion

an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as a precedent

Dissenting opinion

an opinion that disagrees with the majority opinion and does not serve as precedent

Judicial restraint

a philosophy of constitutional interpretation that justices should be cautious in overturning laws

Judicial activism

a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

Amicus Curiae brief

attempts to persuade the Court to agree with the arguments set forth in the brief

Senatorial courtesy

a tacit agreement among senators not to vote for any presidential nominee who is opposed by the senators from the nominee's home state

Solicitor General

an officer of the Department of Justice, who oversees federal representation in all litigation before the U.S. Supreme Court

Substantive due process

involves determining whether a law is fair or if it violates constitutional protections

Writ of certiorari

issued by a higher court when it wants to review a lower court's decision

Writ of Mandamus

an order from a court to an inferior government official ordering him or her to properly fulfill his or her official duties