Unit 2.8 - Unit 2.11 Judiciary Branch Vocab & Concept Quiz Study Set

appellate jurisdiction

Authority of court to review a decision of a lower court or administrative agency.

Attorney General

the head of the department of justice

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

Federalist 78

discusses the power of judicial review. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Alexander Hamilton viewed this as a protection against abuse of power by Congress.

Judicial Review

The power of the courts to declare laws unconstitutional

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

original jurisdiction

the authority to hear cases for the first time

U.S. District Courts

Courts within the lowest tier of the three-tiered federal court system; courts where litigation typically begins.

U.S. Circuit Court of Appeals

Courts within the middle tier of the three-tiered federal court system; the court is made up of judges only.

U.S. Supreme Court

the highest court of the United States; it sits at the top of the federal court system. It is the court of "Last Resort".

Binding Precedent

A decision of a higher court that must be followed by lower courts in the same hierarchy.

Persuasive precedent

precedent which a judge is not obliged to follow, but is of importance in reaching a judgment

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Stare decisis

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her own opinion.

liberal constructionist

one who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government. They take into account changes and social conditions since ratification.

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

petition for certiorari

A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court.

Rule of Four

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

strict constructionist

a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take.

judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Critics argue that judges act to create law and that's for the legislative branch alone.

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

nuclear option

a maneuver exercised by the presiding officer in the Senate that eliminates the possibility of filibusters by subjecting votes on certain matters to a simple majority vote

senatorial courtesy

a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

standing

a legal rule stating who is authorized to start a lawsuit