Judicial branch vocab Flashcards
The view that judges should decide cases strictly on the basis of the language of laws and the Constitution.
judicial restraint
The view that judges should apply the principles and provisions of the Constitution to modern circumstances
judicial activism
Federal courts authorized by Article III of the Constitution that keeps judges in office for life during good behavior.
constitutional courts
The lowest federal courts that have original jurisdiction over most federal cases.
district courts
Federal courts that hear appeals from district courts. They review each case for possible errors.
courts of appeals
The highest court in the United States, made up of nine justices.
supreme court
Courts created by Congress for specialized purposes, such as the U.S. Tax Court.
legislative courts
A consideration of the political ideology of a nominated judge.
litmus test
The power of the courts to declare laws unconstitutional.
judicial review
An order by a higher court directing a lower court to send up a case for review.
writ of certiorari
Landmark Supreme Court case that established the court’s power of judicial review.
marbury v. madison
the party that initiates a lawsuit
plaintiff
a legal rule stating who is authorized to start a lawsuit
standing
The principle set by the court in one case that will be used as the basis for deciding future cases.
precedent
A case brought by an individual that will impact that person and all others similarly situated.
class-action suit
the authority of a court to hear a case first
original jurisdiction
the authority of a court to hear a case brought to them on appeal from a lower court
appellate jurisdiction
a written statement by an attorney that summarizes a case and the laws and rulings that support it
brief
a written statement by an attorney that summarizes a case and the laws and rulings that support it
brief
A brief submitted by a “friend of the court” to provide the court with additional information on a case.
amicus curiae brief
the judicial opinion agreed unpon by more than half of the members of the court that eexplains the reasoning of the court’s decision
opinion of the court/majority opinion
a signed opinion in which one or more members agree with the majority view, but for different reasons
concurring opinion
A signed opinion that features the perspective of those justices who disagreed with the majority opinion.
dissenting opinion
“Let the decision stand” or allowing prior rulings to determine the court’s stand on a current case.
stare decisis
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.
sentatorial courtesy
In order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard.
rule of four
A new addition to the Constitution that has been proposed by Congress and ratified by the states.
amendment
