Judicial and Bureaucracy Vocab

Amicus curiae brief: briefs written by individuals or groups who are not directly involved in a legal case, but have expertise or insight to offer a court to assist in making its decision 

Habeas corpus: requires that a person who is in custody be brought before a judge or court and that they be able to challenge custody 

Writ of certiorari: the order by the Supreme Court directing a lower court to send up the record in a case for review

Writ of mandamus: an order from a court to an inferior government official ordering the government official to fulfill their duties or properly correct an abuse of discretion. 

Stare decisis (precedent): 

  • Court decisions are the guidelines for future cases

  • The majority of court decisions are based on precedents established in earlier cases

  •  Precedents are occasionally overturned like in Brown v. Board of Ed

Judicial Review: holds that the courts are vested with the authority to determine the legitimacy of the executive and legislative branches of government acts. 

Majority opinion: The formal written decision by the court majority on a particular case (the senior justices determine who writes the opinion)

Concurring opinion: supports the majority opinion but stresses different constitutional or legal reasons for reaching the judgment (written by a justice that votes in the majority but differs slightly from the writing of the majority opinion)

Dissenting opinion: expresses a point of view that disagrees with the majority opinion and has no legal standing. They're written by a justice in the minority to show their dissatisfaction and constitutional issues with the majority. 

Rule of four: to grant certiorari, 4 of the 9 Supreme Court justices must agree to hear the case

Bill of attainder: legislation that declares a party guilty of a crime.

Judicial activism: 

  • The court should correct injustices when other branches of government or the states refuse to do so

  • The court should be proactive in deciding cases (deciding based on current beliefs)

Judicial restraint:

  • The Supreme Court should use precedent and the framer's original intent to decide on cases

  • The court should most often defer to the elected institutions of government

Court insulation: 

  • The court does not face direct public pressure

  • Court picks own agenda

  • Judges are appointed to life terms 

Federalist 78: important to the judiciary because it outlines how the judiciary is independent and it outlines the process of judicial review

Government corporation:

  • essentially a business owned and operated by the gov

  • will most likely charge for its service

Independent regulatory agency:

  • regulates some part of the economy 

  • enforces the rules of the gov on that sector

Independent executive agency: 

  • the rest of the government 

  • doesn´t regulate and is not a business

  • funded by the government 

Cabinet department: 

  • reports to the president

  • Broad goals

Federal Reserve: The Federal Reserve is the U.S. central bank, created by the Federal Reserve Act of 1913 to establish a monetary system that could respond effectively to stresses in the banking system. 

Iron Triangle: The Iron Triangle is a policy-making alliance that involves a very strong tie among a congressional committee, an interest group, and a federal department or agency

Bureaucratic discretion: Bureaucrats can shape the implementation of public policy. They make, enforce, and adjudicate policy relating to their policy arena (administrative law).

Issue Networks: an informal network of public officials and lobbyists who have a common interest who are brought together by a proposed policy in the area

  • Disband after the issue is resolved

Linkage institutions: the channels that people use to connect to the government and how the government connects to the people

Red tape: the excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucrat and hinders or prevents decision-making 

Interest groups:

  • Expresses their preferences to the government policymakers

  • Convey government policy information to their members 

  • Operate at every level of government