Judiciary Branch Key Terms Flashcards
Amicus curiae brief
“friend of the court” brief filed by an individual/organization to present additional arguments to those by immediate parties to a case
Majority opinion
Judicial opinion agreed to by more than half of the members of a court
Original jurisdiction
Power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power
Appellate jurisdiction
“Appeals court”; Appellate jurisdiction is the power of an appellate court to review, amend and overrule decisions of a trial court
Precedent
Rule established in a previous case that is binding or persuasive for a court when deciding subsequent cases with similar circumstances
Binding precedent
Earlier decision of a court that is regarded as an example or guide to be considered in subsequent similar circumstances.
Certiorari
A writ or order by which a higher court reviews a decision of a lower court.
Concurring opinion
An opinion filed by a judge that agrees with the majority or plurality opinion
Dissenting opinion
Written by one or more judges expressing disagreement with the majority opinion of the court
Judicial activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground
Judicial review
Power of a court to refuse to enforce a law or regulation that conflicts with the U.S. Constitution or, in a state court, state constitution
Judicial restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Defendant/Respondent
An individual, company, or institution sued or accused in a court of law
Petitioner
A person who presents a petition to an authority in respect of a particular cause
Plaintiff
A person who brings a case against another in a court of law
