Judiciary Branch

Marbury v. Madison (1803) - A landmark Supreme Court case that established the principle of judicial review in the United States. It held that the court could declare a law unconstitutional, thereby asserting the judiciary's power over the other branches of government.

Amicus curiae brief - legal documents filed in court cases by non-parties, often organizations or individuals, who have a strong interest in the case's outcome.

Apellate jurisdiction - refers to the authority of a court to review and make decisions on appeals from lower courts

Court of Appeals - court that has the authority to review and revise the decisions made by lower courts

Discretionary jurisdiction - Rule-making authority refers to the power of governmental agencies to create rules and regulations that have the force of law

Dual Court System - the coexistence of two separate court systems in the United States: the federal and state court systems

Judicial Activism - Judicial activism is the practice where judges take an active role in interpreting the law and making decisions that can create new legal precedents or change existing ones

Judicial Restraint - Judicial restraint is a legal philosophy that encourages judges to limit the exercise of their own power and to uphold laws and precedents established by the legislative and executive branches.

Judicial Review - Judicial review is the power of courts to examine and invalidate actions of the legislative and executive branches if those actions are found to be unconstitutional.

Living Constitutionalism - Basic structure stays the same but it grows and adjusts with our changing society.

Mandatory jurisdiction - authority of a court granted by a constitution or legislative act.

Originalism - legal philosophy that interprets the Constitution based on the original meaning or intent of its framers at the time it was ratified

Strict constructionism - interpretation of the Constitution that emphasizes a narrow reading of its text, focusing on the original meaning as understood at the time it was written

Original jurisdiction - authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, where a higher court reviews a lower court's decision

Precedent - legal decisions or rulings that establish a principle or rule that can be followed in future similar cases

Rule of Four - the number of justices needed to grant cert

Stare decisis - a legal principle that means 'to stand by things decided,' and it emphasizes the importance of precedent in the judicial decision-making process

trial court - A given court's authority to hear cases of a particular kind

Writ of certiorari - an order issued by a higher court to review the decisions of a lower court

Writ of mandamus - a court order compelling a government official or entity to perform a specific duty required by law

Federalist 78 - an essay written by Alexander Hamilton that discusses the role of the judiciary in the new American government, emphasizing its independence and the importance of judicial review

Article 1 Courts - may be created as special tribunals to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it

Senatorial courtesy - An unwritten tradition whereby senators support the president's nominees from their home state unless there are strong objections, impacting the confirmation process

Senior status - status earned by an individual based on their length of time in a particular position or role, particularly in the context of legislative bodies

arbitration - a formal method of dispute resolution involving a third party neutral who makes a binding decision

moot/mootness - doesn’t matter/ irrelevant

standing - issues capable of being settled as a matter of law

common law - precedent, not written law

concurring opinions - a legal opinion written by one or more judges or justices who agree with the decision reached by the majority of the court but for different reasons

dissenting opinions - a statement written by one or more judges expressing disagreement with the majority opinion of the court

plurality opinions - refers to receiving more votes but not necessarily obtaining an absolute majority, so the opinion of that part

majority opinions - a judicial opinion agreed to by more than half of the members of a court, typically written to explain the reasoning behind the court's decision on a case

criminal law - legal proceedings in which individuals accused of committing crimes are tried in a court of law

civil law - legal disputes between individuals or organizations where one party seeks compensation or specific performance from another

solicitor general - supervise and conduct government litigation

injunction - a writ granted by a court of equity whereby one is required to do or to refrain from doing a specified act

plaintiff - the one filing the law suit

respondent - the one defending the law suit

subpoena - court order for documents

indictment - a formal written statement prepared by a prosecuting authority charging a person with a crime and returned by a jury