Judicial Branch Vocab Flashcards
Judicial Restraint
The judicial practice that encourages judges to not add their own biases during legal proceedings and rulings and using explicitly the language from the constitution.
Judicial activism
Judges making rulings based on their policy views rather than the honest interpretation of the law
Constitutional Courts
A high court that deals with constitutional law
District Courts
A federal or state trial court
Court of Appeals
or an appellate court which is a court of law that reviews decisions made by lower courts
Supreme Court
The highest federal court consists of 9 justices. They are the final interpreters of the US Constitution.
Legislative Courts
Special courts only hear about specific cases like tax disputes or military appeals. It’s usually so the regular courts are not overloaded with cases.
- Judges in legislative terms have fixed terms.
Litmus test
When a potential candidate for high office is asked a question, the answer will determine whether the nominating official will proceed with the appointment or nomination.
Judicial Review
The power granted to the judicial branch to oversee and judge laws passed by Congress and determine whether they’re constitutional or unconstitutional.
Write of Certiorari
A legal order issued by a higer court to review the decision of a lower court
Plaintiff
A person who brings a case to court
Standing
The legal right of a party to bring a lawsuit or make a legal claim
Precedent
An earlier event or action that is viewed as an example or guideline to be considered in similar cases.
- a principle or rule established in a previous legal case that is regarded as binding on courts when deciding similar cases
Class-Action Suit
A type of legal action where a group of individuals collectively brings a lawsuit against someone
Original Jurisdiction
A court has the power to hear a case for the first time
Appellate Jurisdiction
Refers to a court’s authority to review decisions made by lower courts
Brief
Legal document submitted to a court that presents arguments, legal analysis, and supporting evidence
Amicus Curiae Brief
A written argument submitted to a court to assist one side of the case
Opinion of the Court/Majority Opinion
The written decision issued by the majority of members of a court who participated in deciding a case
Concurring Opinion
A written statement from one or more justices or judges which support the results of the case for reasons not stated in the majority opinion.
Dissenting Opinion
A written statement issued by a judge or justice who disagrees with the majority decision
Stare Decisis
Refers to the practice of courts following the precedent
“Let things stand the way things are”
Rule of Four
A procedure used by the Supreme Court to grant a petition for review only if there are at least four votes to do so
Amendment
An official change or addition made to a legal document, law, or contract.
