Judiciary Vocab AP GOV

Judicial Activism (Loose Construction)

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law

Judicial Restraint (strict construction)

a procedural or substantive approach to the exercise of judicial review that urges judges to refrain from deciding legal issues, and especially constitutional ones, unless the decision is necessary to the resolution of a concrete dispute between adverse parties

Originalism

a theory of interpreting legal texts holding that a text in law, especially in the US Constituion, should be interpreted as it was understood at the time of its adoption

Textualism

a method of statutory interpretation that asserts that a statue should be interpreted according to its plain meaning and not according to the intent of the legislature, the statutory purpose, or the legislative history

Developmentalist/Evolutionary Approach

an exponent of or specialitst in any school of philosphic evolution

Criminal Law

Defines acts against the public order (crimes) and specific punishments, with the government prosecuting individuals for offenses like theft or murder

Civil Law

Laws governing disputes between individuals and organizations over private rights focusing on remedies like compensation

Common Law

a legal system where laws are developed from Judicial precedents not just statues, allowing judges to interpret and shape the law, flexibility

Statuory Law

written laws formally enacted by a legislative body and signed by an executive or passed over veto creating rules for society, such as traffic laws or the Civil Rights Act

Constitutional Law

The body of law interpreting the Constitution defining government powers, structure (three branches), and individual rights

Admiralty Law

known as maritime law, is a distinct body of law that governs the legal rights and obligations of parties involved in maritime activities

Administrative Law

body of rules and regulations governing the executive branch’s agencies, empowering them and implement and enforce laws, involving rule making

Equity Law

a system providing fair, just remedies (like injunctions) when strict common law (money damages) fails, emphasizing fairness to correct imbalances

Litigants

parties involved in a court case, specifically the person who brings the suit and the defendant (who is being sued or charged), representing individuals or groups seeking resolution through the Judicial system

Plaintiff

an individual, group, or entity that starts a lawsuit in a civil case, filing a complain against a defendant to seek a legal remedy

Defendant

an individual, company, or institution sued or accused in a court of law

Petit (trial) Jury

a group of citizens selected to hear evidence in a specific civil or criminal case, determine the facts, and deliver a verdict based on those facts and the law

Grand Jury

groups of citizens (typically 16-23) who investigate potential crimes and decide if there’s enough evidence (probable cause) to issue an indictment (formal charges) for a serious federal crime

Standing to Sue

Is the legal right to bring a lawsuit, requiring a plaintiff to show they have suffered a direct, concrete injury-in-fact, caused by the defendant, that a court can remedy, ensuring only genuine disputes reach courts under the U.S. Constitution's "case or controversy" requirement, with federal courts generally stricter than state courts.

Class Action Lawsuits

Lawsuits in which a small number of people sue on behalf of all people in similar circumstances

Justiciable Disputes

A real, concrete conflict between opposing parties that is suitable for courts to hear and decide on the merits.

Political Questions

A subject matter that the Supreme Court deems to be inappropriate for judicial review.

Amicus Curiae Briefs

A written document making legal arguments from a person or organization that is not a party to a case.

Article III Constitutional Courts

Establishes the federal judiciary, creating the Supreme Court and empowering Congress to establish lower federal courts, including District Courts and Circuit Courts of Appeals

Article I Legislative Courts

Specialized federal tribunals that handle specific matters like tax disputes or military appeals

Federal District Courts

The trial courts of the U.S. federal judiciary, handling the vast majority of federal civil and criminal cases across 94 judicial districts

Federal Courts of Appeals

Courts of appeals review challenges to court decisions to determine whether the proceedings were fair and the law was applied correctly

Court of Appeals for the Federal Circuit

Specialized federal appellate court with nationwide jurisdiction over specific subject matters, handling appeals in patents, international trade, government contracts, veterans' benefits, and monetary claims against the U.S.

Supreme Court

The highest court in a country or state's judicial system, serving as the final authority on legal interpretation

Jurisdiction

The legal authority of a court or government body to hear cases, apply laws, and make decisions

Original Jurisdiction

A court's authority to hear and decide a case for the first time, before any appeals, acting as a trial court where evidence is presented and facts are determined

Appellate Jurisdiction

The legal authority of a higher court to review and revise the decisions of a lower court, focusing on potential errors in applying the law rather than re-examining facts or holding a new trial

Judicial Review

The power of courts to assess and invalidate executive, legislative, or administrative actions and laws that conflict with a higher authority, usually the Constitution, acting as a key check on government power

Advice and Consent Power

A power of the United States Senate to be consulted on and approve treaties signed and appointments made by the president of the United States to public positions

Filibuster

tactic used to delay a vote in Senate (based on Senate's rule of unlimited debate)

Cloture

a procedure for ending a debate and taking a vote

Nuclear Option

a legislative procedure that allows the Senate to override a standing rule by a simple majority, avoiding the three-fifths supermajority normally required to invoke cloture on a measure.

Senatorial Courtesy

an unwritten rule where the President generally defers to the senators from a nominee's home state (especially if they're from the President's party) for federal appointments, allowing those state senators to effectively veto a nominee they oppose, ensuring the Senate's "advice and consent"

The Blue Slip

when nominating district court judges, President will send a blue slip to senators from the state of that district; they can choose to make comments or ignore, thus communicating their opinion

Stealth Candidate

a candidate who did not reveal his true ideology, affiliations, or position

Swing Justice

is a U.S. Supreme Court Justice in the ideological middle, whose vote can shift a case's outcome from liberal to conservative or vice-versa, providing the crucial fifth vote in closely divided 5-4 decisions, with figures like Anthony Kennedy and Chief Justice John Roberts often seen in this role.

Tipping Justice

how a single Supreme Court Justice's vote can shift the Court's ideological balance (e.g., from liberal to conservative or vice versa) on key issues like abortion, civil rights, or executive power, often based on their personal philosophy or judicial approach, making their appointment and ideological stance critical for policy outcomes.

Litmus Test for Judges

question or issue (like abortion, gun rights, or Citizens United) used by presidents and senators to gauge a judicial nominee's political ideology and ensure they align with a specific judicial philosophy (like strict constructionism or judicial activism) or party platform, often revealing if they'll vote a certain way on key issues, influencing nominations despite claims of open-mindedness

Writ of Certiorari

A writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision.

Writ of Mandamus

An order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Rule of 4

The Supreme Court’s practice of granting a petition for review only if there are at least four votes to do so.

Quorum

The minimum number of members of a group or committee required to be in attendance in order for that group to be able to take official action.

Discretionary Appellate Jurisdiction

A higher court's power to choose which cases it hears from lower courts, rather than being required to hear all appeals, allowing them to focus on significant legal questions or conflicts.

Majority Opinion

A formal legal document in a court case that states the decision of more than half the judges or justices hearing the case, explaining the rationale behind the ruling and setting the court's official stance, often establishing precedent for future cases.

Dissenting Opinion

An opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case.

Concurring Opinion

An opinion that agrees with the majority opinion but does not agree with the rationale behind it.

Precedent

a judicial decision that should be followed by a judge when deciding a later similar case

Stare Decisis

a legal principle that directs courts to adhere to previous judgments — or judgments of higher or tribunals — as it has persuasive and binding authority while resolving a case with allegedly comparable facts.

In Forma Pauperis

A litigant (person involved in a lawsuit)  who is excused by a court from paying filing fees and court costs because they cannot afford to do so.

Judicial Implementation

How and whether court decisions are translated into actual policy, affecting the behavior of others.

Solicitor General

The law officer directly below the attorney general in the US Department of Justice, responsible for arguing cases before the US Supreme Court.