The Judicial Branch Flashcards
Appellate Jurisdiction
authority of a court to hear an appeal from a lower court
Civil Law
concerns noncriminal disputes between private parties.
Class Action Lawsuit
lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies.
Concurring Opinion
written by a Supreme Court Justice who voted with the majority, but for different reasons.
Dissenting Opinion
written by a Supreme Court Justice (or Justices) who express a minority viewpoint in a case.
Judicial Activism
philosophy that the courts should take an active role in solving problems.
Judicial Restraint
philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law.
Judicial Review
power of the courts to review the constitutionality of laws or government actions.
Majority Opinion
written to express the majority viewpoint in a Supreme Court case.
Orignal Jurisdiction
authority of a court to first hear a case.
Rule of Four
the Supreme Court will hear a case if four Justices agree to do so.
Stare decisis
Latin for “let the decision stand.” Supreme Court policy of following precedent in deciding cases.
Writ of certiorari
issued by the Supreme Court to a lower court to send up the records of a case so that it can be reviewed by the high court.
Writ of habeas corpus
court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.
Writ of mandamus
court order directing a party to perform a certain action.
