AP Gov Ch 9 Semia Sims Flashcards
judicial implementation
How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit
Judicial implementation is used to limit the courts power.
plurality opinion
A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent
Plurality opinion is a decision in which a majority of judges on the court agree with the result reached but not with the reasons given.
concurring opinion
A type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning
Concurring opinion is authored by one or more justices and agrees with the outcome decided by the majority.
dissenting opinion
A type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning
Dissenting opinion is written by a judge who disagrees with the majority decision in an appeal ruling.
trial court
Court of original jurisdiction where cases begin
In the trial court, both sides present evidence to show their version of what happened.
appellate court
Court that generally reviews only findings of law made by lower courts
Appellate courts are the part of the judicial system that is responsible for hearing and reviewing appeals from legal cases.
constitutional (or Article III) courts
Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III
Constitutional (or Article III) courts main authority is to rule on whether laws that are challenged are in fact unconstitutional.
legislative courts
Courts established by Congress specialized purposes, such as the Court of Appeals for Veterans Claims
Legislative courts were created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.
Federalist No. 78
A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review
Federalist No. 78 was written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States.
Judiciary Act of 1789
Legislative act that established the basic three-tiered structure of the federal court system
Judiciary Act of 1789 brought the US Supreme Court and the Judicial branch of government into existence.
John Jay
A member of the Founding generation who was the first Chief Justice of the United States. A diplomat and a co-author of The Federalist Papers
John Jay is one of the Founding Fathers of the United States and a negotiator and signatory of the Treaty of Paris of 1783.
writ of certiorari
A request for the Supreme Court to order the records from a lower court to review the case
A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court.
Rule of Four
At least four justices of the Supreme Court must vote to consider a case before it can be heard
The rule of four holds that for the court to grant certiorari to hear and decide a case, four of its members must vote to do so.
judicial restraint
A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge´s own principles
Judicial restraint is a legal term that describes a type of judicial interpretation that emphasizes the limited nature of the court’s power.
judicial activism
A philosophy of judicial decision making that posits judges should use their power broadly to further justice
Judicial activism describes how a judge approaches, or is perceived to approach, judicial review.