Judicial and Bureaucracy Vocab

Amicus curiae brief

Briefs written by individuals or groups who are not directly involved in a legal case, but have expertise or insight to assist a court in making its decision.

Habeas corpus

A legal action that requires a person in custody to be brought before a judge to challenge the legality of their detention.

Writ of certiorari

An order by the Supreme Court directing a lower court to send up the record in a case for review.

Writ of mandamus

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

Stare decisis

The legal principle that court decisions are guidelines for future cases, based on precedents established in earlier cases.

Judicial Review

The authority of the courts to determine the legitimacy of acts by the executive and legislative branches of government.

Majority opinion

The formal written decision by the court majority on a case, determined by senior justices.

Concurring opinion

An opinion that supports the majority opinion but presents different legal reasons for reaching the same judgment.

Dissenting opinion

An opinion expressing disagreement with the majority opinion, showing the author's dissatisfaction and constitutional concerns.

Rule of four

The requirement that four of the nine Supreme Court justices must agree to grant certiorari for a case to be heard.

Bill of attainder

Legislation that declares a party guilty of a crime without a trial.

Judicial activism

The belief that the court should correct injustices when other government branches refuse and be proactive in case decisions.

Judicial restraint

The principle that the Supreme Court should decide cases based on precedent and the original intent of the framers, often deferring to elected institutions.

Court insulation

The concept that the court operates without direct public pressure, selects its agenda, and judges are appointed for life.

Federalist 78

A key document that outlines the independence of the judiciary and the process of judicial review.

Government corporation

A business owned and operated by the government, which typically charges for its services.

Independent regulatory agency

An agency that regulates part of the economy and enforces governmental rules within that sector.

Independent executive agency

A governmental body that does not regulate or operate as a business and is funded by the government.

Cabinet department

A division of the executive branch that reports directly to the president and has broad goals.

Federal Reserve

The central bank of the U.S., created to establish a monetary system that effectively responds to banking system stresses.

Iron Triangle

A policy-making alliance characterized by a strong relationship among a congressional committee, an interest group, and a federal department or agency.

Bureaucratic discretion

The ability of bureaucrats to shape the implementation of public policy within their policy arena.

Issue Networks

An informal network of public officials and lobbyists united by a common interest in a proposed policy, disbanding after the issue is resolved.

Linkage institutions

Channels through which the public connects with government and the government connects with the public.

Red tape

Excessive regulation or rigid adherence to formal rules that hinder decision-making.

Interest groups

Organizations that express their preferences to government policymakers and convey government policy information to their members.