judicial branch vocab Flashcards
judicial restraint
the view that judges should decide cases strictly on the basis of language of laws and the Constitution
judicial activisim
the view that judges should apply the principles and provisions of the Constitution to modern circumstances
Constitutional courts
federal courts authorized by article 111 of the constitution that keeps judges in office for lie during good behavior
district courts
the lowest federal courts that have original jurisdiction over most federal cases
court of appeals
federal courts that hear appeals from district courts. Review each case for possible errors
supreme court
the highest court in the U.S, made of nine justices
legislative courts
courts created by Congress for specialized purposes, such as the U.S tax court
Litmus test
a consideration of the political ideology of a nominated judge
judicial review
power of the courts to declare laws unconstitutional
write of certiorari
an order by a higher court directing a lower court to send up a case for review
Marbury v madison
landmark supreme court case that established the court’s power of judicial review
plaintiff
party that initiates a lawsuit
standing
legal rule stating who is authorized to start a new lawsuit
precedent
principle set by the court in one case that will be used as a the basis for deciding future cases
class-action suit
case brought by an individual that will impact that person and all others similarly situated
original jurisdiction
the authority of a court to hear a case first
appellate jurisdiction
authority of a court to hear a case brought to them on appeal from a lower court
brief
a written statement by an attorney that summarizes a case and the law and rulings that support it
amicus curiae brief-
brief submitted by a “friend of the court” to provide the court with additional information on a case
opinion of the court/ majority opinion
the judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the courts decision
concurring opinion
a signed opinion in which one or more members agree with the majority view, but for different reasons
dissenting opinion
a signed opinion that features the perspective of those justices who disagreed with the majority opinion
stare decisis-
“let the decision stand” or allowing prior rulings to determine the court’s stand on a current case
senatorial courtesy-
unwritten custom that the senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve
