Judiciary Vocab

Judicial branch

the branch that interprets laws and resolves legal disputes

article 3

the part of the constitution that establishes the federal judiciary

supreme court

the highest court in the federal judicial system

district courts

the main federal trial court

court of appeals

a federal court that reviews decisions made by district courts

original jurisdiction

authority to hear a case first rather than on appeal

appellate juristiction

authority to review a lower court’s decision

judicial review

the power of courts to determine whether government actions are constitutional

writ of certiorari

an order by which the supreme court agrees to review a lower-court case

standing

the requirement that a person bringing a case has a real injury connected to the challenged action

precedent

an earlier court decision used as guidance in later cases

stare decisis

the principle that courts generally respect and follow precedent

majority opinion

the opinion supported by enough justices to control the court’s judgement and reasoning

concurring opinion

an opinion that agrees with the results but gives different or additional reasoning

dissenting opinion

an opinion that disagrees with the court’s judgment

amicus curiae brief

a brief filed by someone who is not a party to a case but wants to provide information or argument

judicial independence

the ability of judges to decide cases without direct political or electoral pressure

life tenure

the rule that article 3 judges serve during good behavior, usually for life unless they leave office or are removed

originalism

an approach to constitutional interpretation that emphasizes the constitution’s original public meaning

textualism

an approach to legal interpretation that emphasizes the ordinary meaning of the enacted text

judicial restraint

a preference for narrower rulings and greater deference to elected branches when possible

judicial activism

a label commonly used for greater willingness to invalidate government action or announce broader constitutional rules

rule of law

the principle that government officials and citizens are all subject to law

counter-majoritarian institution

an institution that can limit majority power in order to enforce constitutional rules or protect rights