Judicial Branch Vocab

Jurisdiction

The authority to decide certain cases.

Original jurisdiction

The authority of a court to act as the first court to hear a case, including 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.

Concurrent jurisdiction

More than one court has the authority to hear and decide the case.

Constitutional courts

High courts that primarily deal with constitutional law and can rule laws unconstitutional.

Courts of Appeal

The courts where appeals are taken in both federal and state circuits.

Legislative courts

Courts created by Congress to help carry out duties that once belonged to the legislative branch.

Senatorial courtesy

An agreement among senators not to vote for any presidential nominee opposed by the senators from the nominee's home state.

Rule of Law

The principle that no one, including public officials, is above the law.

Writ of certiorari

The process through which most cases reach the Supreme Court after four justices agree to hear it, issuing a request to the lower court for case records.

Writ of Mandamus

A court order directing an inferior court official to perform an action that is ministerial in nature.

Amicus curiae briefs

Legal briefs provided by a friend of the court to raise additional information and points of view.

Brief

Concise legal documents submitted to a court outlining arguments, relevant laws, and facts of a case.

Certificate

A lower court asking the Supreme Court about a rule or a procedure in specific cases.

Majority opinion

A decision where a majority of justices agree on the decision and its reasoning.

Concurring opinion

An opinion by a justice who agrees with the majority opinion but offers different reasoning.

Dissenting opinion

An opinion by a justice who disagrees with the majority decision and its reasoning.

Precedents

Judicial decisions that guide future courts in handling similar cases.

Judicial Activism

A philosophy that justices should use judicial review to create bold new policies.

Judicial Restraint

A philosophy asserting that justices should be cautious in overturning laws.

Strict constructionist

A judge who interprets the Constitution strictly according to its literal wording.

Loose Constructionist

A judge who interprets the Constitution loosely and uses the elastic clause to justify actions.