Judicial VOCAB REVIEW

Judicial Restraint- The view that judges should decide cases strictly on the basis of the

language of laws and the Constitution

2. Judicial Activism- The view that judges should apply the principles and provisions of the

Constitution to modern circumstances

3. Constitutional Courts- Federal courts authorized by Article III of the Constitution that keeps

judges in office for life during good behavior

4. District Courts- The lowest federal courts that have original jurisdiction over most federal

cases

5. Courts of Appeals- Federal courts that hear appeals from district courts. They review each

case for possible errors.

6. Supreme Court- The highest court in the United States, made up of nine justices.

7. Legislative Courts- Courts created by Congress for specialized purposes, such as the U.S. Tax

Court

8. Litmus Test- A consideration of the political ideology of a nominated judge

9. Judicial Review- The power of the courts to declare laws unconstitutional

10. Writ of Certiorari- An order by a higher court directing a lower court to send up a case for

review

11. Marbury vs, Madison- Landmark Supreme Court case that established the court’s power of

judicial review

12. Plaintiff- The party that initiates a lawsuit

13. Standing- A legal rule stating who is authorized to start a lawsuit

14. Precedent- The principle set by the court in one case that will be used as the basis for

deciding future cases

15. Class-Action Suit- A case brought by an individual that will impact that person and all

others similarly situated

16. Original Jurisdiction- The authority of a court to hear a case first

17. Appellate Jurisdiction- The authority of a court to hear a case brought to them on appeal

from a lower court

18. Brief- A written statement by an attorney that summarizes a case and the laws and

rulings that support it

19. Amicus Curiae Brief- A brief submitted by a “friend of the court” to provide the court with

additional information on a case

20. Opinion of the Court/Majority Opinion- The judicial opinion agreed upon by more than half

of the members of the court that explains the reasoning of the court’s decision.

21. Concurring Opinion- A signed opinion in which one or more members agree with the

majority view, but for different reasons

22. Dissenting Opinion-A signed opinion that features the perspective of those justices who

disagreed with the majority opinion

23. Stare Decisis- “Let the decision stand” or allowing prior rulings to determine the court’s

stand on a current case

24. Senatorial Courtesy- Unwritten custom that the Senate will not approve a judicial

nomination if opposed by a senator from the state in which the nominee is to serve

25. Rule of Four- In order for a case to be granted certiorari, four justices must agree that the

case is worthy to be heard