GOV unit 2.8-2.11

Taney Court

Conservative pre-Civil War Court that protected states’ rights and slavery.

Hughes Court

Court during the Great Depression that initially limited then upheld New Deal laws.

Warren Court

Liberal Court that expanded civil rights, civil liberties, and judicial power.

Burger Court

Conservative Court that sometimes ruled liberally, famous for Roe v. Wade and limiting presidential power, struggled with 5 justice majority

Majority Opinion

The official Court ruling that sets the precedent, written by a justice in the majority.

Dissenting Opinion

Opinion written by a justice who disagrees with the majority decision.

Concurring Opinion

Opinion written by a justice who agrees with the outcome but for different reasons than the majority.

Per Curiam Opinion

A brief, unsigned opinion issued by the Court as a whole.

* Judicial Activism

When judges actively interpret the Constitution and make bold rulings that create policy.

* Judicial Restraint

When judges strictly follow law and precedent and avoid making policy.

Senatorial Courtesy

Tradition where the President consults a senator from a nominee’s state before appointing a federal judge.

Amicus Curiae Brief

“Friend of the court” document filed by someone not in the case to offer information or arguments.

Solicitor General

determines which cases to appeal to tech US Supreme Court and represents the US in SCOTUS cases.

Original Jurisdiction

The authority of a court to hear a case first, at the trial level.

Appellate Jurisdiction

The authority of a court to review decisions from lower courts.

Certiorari

A Supreme Court petition asking the Court to review a case.

Rule of Four

At least four Supreme Court justices must agree to hear a case.

Litmus Test

A question or standard used to decide if a judicial nominee shares certain political or ideological views.

Plessy v. Ferguson (1896)

Upheld racial segregation under “separate but equal”; legalized Jim Crow laws.

Brown v. Board of Education (1954)

Declared school segregation unconstitutional; overturned Plessy; principle

Dred Scott v. Sandford (1857)

Ruled enslaved people were not citizens and Congress couldn’t ban slavery in territories; strengthened states’ rights for slavery.

Mapp v. Ohio (1961)

Established the exclusionary rule at state level; illegally seized evidence cannot be used in court.

Gideon v. Wainwright (1963)

Guaranteed right to an attorney in state felony cases under the 6th Amendment.

Miranda v. Arizona (1966)

Required Miranda warnings; suspects must be informed of rights before police questioning.

Tinker v. Des Moines (1969)

Students do not lose free speech rights at school unless it disrupts learning; principle

Roe v. Wade (1973)

Recognized women’s right to abortion under the right to privacy (14th Amendment).

Korematsu v. United States (1944)

Upheld Japanese internment during WWII; principle

Obergefell v. Hodges (2015)

Guaranteed same-sex marriage nationwide under the 14th Amendment; principle

Common Law

Law developed over time from court decisions, not written statutes.

Precedent

A past court decision used to guide future cases.

Stare Decisis

The principle that courts should follow past decisions to keep the law consistent.

Binding Precedent

A precedent from a higher court in the same jurisdiction that must be followed.

Persuasive Precedent

A precedent from another court or jurisdiction that a court may consider but does not have to follow.