Judicial Branch Flashcards
Judicial Restraint
When the Constitution is interpreted strictly
Judicial Activism
When the Constitution is interpreted based off current interpretation
Constitutional Courts
A court established directly by the Constitution
District Courts
Courts established by the federal government and not directly by the Constitution
Courts of Appeals
A court that has the authority to review decisions that were made by lower courts
Supreme Court
The highest judicial authority in the united states
Legislative Courts
Courts created by Congress for specialized reasons
Litmus Test
An examination of the political ideology of a nominated judge
Judicial Review
The Supreme Court’s ability to determine actions of the executive and legislative branch unconstitutional
Writ of Certiorari
an order issued by a higher court to review the decisions of a lower court
Marbury v. Madison
Established the principal of judicial review
Plaintiff
The party that initiates a lawsuit
Standing
The requirement that plaintiffs must have a serious interest in a cause
Precedent
A previous court’s decision that guides the currents court decision on a case
Class-Action Suit
A lawsuit by a person that is representing a larger group of people
Original Jurisdiction
The authority of a court to hear a case for the first time
Appellate Jurisdiction
The power of a higher court to review decisions made by a lower court
Brief
A written legal document outlining a lawyer’s argument in a case
Amicus Curiae Brief
An argument submitted to a court by a party that is not directly involved in the case but has some sort of involvement in the topic
Opinion of the Court/Majority Opinion
The majority opinion of a Supreme Court case
Concurring Opinion
The opinion of a judge in the supreme court who upholds the decision but for a different reason than the majority
Dissenting Opinion
The minority side of the ruling in a Supreme Court case
Stare Decisis
The court should follow the rulings that it has previously made to ensure consistency
Senatorial Courtesy
Agreement among senators to not vote for presidential nominees that are opposed by the other senetors
Rule of Four
At least four justices must vote a case in for the Supreme Court to take the case
Amendment
A formal change made to a legal document
