Judicial Branch Flashcards
Amicus Curiae
(“Friends of the court”) An individual or organization that is not a party to a legal case but who is able to come and support or reject arguments of the case.
Civil Law
A law that governs relationships between individuals and defines their legal rights.
Common Law
Body of unwritten laws based on legal precedents established by the courts
Concurring Opinion
Additional opinion in a court decision written by a member of the majority
Criminal Law
Is a body of law that relates to crime (endangers people)
Dissenting Opinion
Judicial written opinion that contradicts the ruling of the full court
Judicial Activism
One who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the President
Judicial restraint
Courts avoids making policy; wants to leave policy up to other two branches
Judicial Review
process by which the courts interpret the constitution. When the courts interpret the constitution, it allows us to understand how our founding fathers set out to run our country.
Litigation
Engagement in a lawsuit
Political questions
A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.
Precedent
A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
Per Curiam Decision
Is a ruling issued by an appellate court to multiple judge in which the decision rendered is made by the court acting collectively and unanimously.
Rule of four
A requirement which states that a case can only be heard by a supreme court if four justices vote to hear a case.
Strict Construction
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