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AP Gov: Judicial Branch

Terms in this set (33)

Affirm
to declare that a court ruling is valid and must stand
Appellate Court
a court having jurisdiction to review cases and issues that were originally tried in lower courts
Broad Constitution
a judicial philosophy that looks to the context and purpose of a law when making an interpretation
Case Law
judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law
Class-Action Suit
a lawsuit filed by an individual seeking damages for "all persons similarly situated"
Common Law
judge-made law that originated in England from decisions shaped according to prevailing custom; decisions were applied to similar situations and gradually became close to the nation
Concurring Opinion
a separate opinion prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made
Dissenting Opinion
a separate opinion in which a judge disagrees with the conclusion reached by the majority on the court and expounds his or her own views about the case
Diversity of Citizenship
the condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a US state and citizens or the government of a foreign country; can provide a basis for federal jurisdiction
Federal Question
a question that has to do with the US Constitution, acts of Congress, or treaties; provides a basis for federal jurisdiction
General Jurisdiction
exists when a court's authority to hear cases is not significantly restricted; a court with this can normally hear a broad range of cases
Judicial Activism
a doctrine holding that the Supreme Court should take an active role by using its powers to check the activities of government bodies when those bodies exceed their authority
Judicial Implementation
the way in which court decisions are translated into action
Judicial Restraint
a doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches
Judicial Review
the power of the Supreme Court or any court to hold a law or other legal action as unconstitutional
Jurisdiction
the authority of a court to decide certain cases; not all courts have the authority to decide all cases'two issues are where a case arises as well as its subject matter
Limited Jurisdiction
exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions
Litigate
to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
Majority Opinion
a court opinion reflecting the views of the majority of the judges
Opinion
the statement by a judge or a court of the decision reached in a case; it sets forth the applicable law and details the reasoning on which the ruling was based
Oral Arguments
the verbal arguments presented in person by attorneys to an appellate court; each attorney presents reasons to the court why the court should rule in her or his client's favor
Political Question
an issue that a court believes should be decided by the executive or legislative branch
Precedent
a court rule bearing on subsequent legal decisions in similar cases; judges rely on precedents in deciding cases.
Remand
to send a case back to the court that originally heard it
Reverse
to annul or make void a court ruling on account of some error or irregularity
Rule of Four
a United States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court
Senatorial Courtesy
in federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state
Stare Decisis
the judicial policy of following precedents established by past decisions
Trial Court
the court in which most cases begin
Writ of Certiorari
an order issued by a higher court to a lower court to send up the record of a case for review
Unanimous Opinion
a court opinion or determination on which all judges agree
Strict Constitution
a judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute
Broad Constitution
a judicial philosophy that looks to the context and purpose of a law when making an interpretation
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