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AP Gov Unit 2 part 4
| Question | Answer |
|---|---|
| Amicus curiae brief | Briefs written by interested parties that provide own arguments for how the case should be decided |
| appellate jurisdiction | authority of a court to review decisions made by lower courts and correct errors in how the law was applied. |
| attorney general | federal government's chief legal officer, heading the Department of Justice, advising the president, and directing federal law |
| binding precedent | rule that lower courts must follow the legal rulings of higher courts in cases with substantially similar facts |
| brief | concise legal documents submitted to a court that outline the arguments, relevant laws, and facts pertaining to a case |
| certiorari | legal process or jurisdiction of reviewing a lower court's decision |
| class action suit | Lawsuits in which a small number of people sue on behalf of all people in similar circumstances. |
| common law | legal system where law is developed through judicial decisions and precedents rather than laws alone |
| concurring opinion | agrees with the majority's decision in a case but offers different or additional legal reasoning for that outcome |
| defendant | the person /party accused of a crime or being sued |
| dissenting opionion | a written statement by one or more Supreme Court justices who voted against the majority, explaining their alternative legal and constitutional reasoning |
| dred scott v. sanford | The U.S. Supreme Court ruled in Dred Scott v. Sandford (1857) that enslaved people were not U.S. citizens, had no right to sue in federal court, and declared the Missouri Compromise unconstitutional |
| grand jury | citizen panel of 12-23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trail. |
| injunction | court order that directs a government official (executive or legislative) , individual, or organization to stop doing a specific action or to perform a required act to prevent irreparable harm |
| judicial activism | Judicial activism is the view that judicial review lets courts overturn existing constitutional and case precedent or invalidate legislative and executive acts |
| judicial review | the power of the courts to examine a law, executive order, or government action and declare it unconstitutional, rendering it null and void |
| judicial restraint | The view that judges should strictly defer to the elected branches, respect precedent, and use judicial review only when a law is clearly unconstitutional |
| jurisdiction | a court's legal authority to hear and decide a case, determined by the subject matter, the parties involved, and the geographic area |
| liberal constuctionist | someone who favors a flexible, expansive interpretation of the U.S. Constitution to give the federal government broader power |
| litmus test | examination or question used to determine the political or ideological purity of a judicial nominee in nomination/confirmation process |
| majority opinion | official written ruling of a court, agreed to by more than half its members, that explains the legal reasoning behind the decision |
| Marshall, john | Chief Justice from 1801 to 1835 and authored the two required AP Gov cases that define judicial power |
| original jurisdiction | The authority of a given court to be the first court to hear a case |
| per curiam opinion | a brief, unsigned decision issued by the Supreme Court (or another appellate court) in the name of the court as a whole rather than attributed to a specific authoring justice |
| persuasive precedent | a past legal ruling or decision that a judge or court may consider for guidance, but is not legally required to follow |
| petit jury | group of 6 to 12 citizens who hear evidence in a civil or criminal trial and render a verdict |
| petition of certiorari | a formal request filed by a losing party in a lower court asking the U.S. Supreme Court to review and change that decision |
| petitioner | a formal request filed by a losing party in a lower court asking the U.S. Supreme Court to review and change that decision |
| precedent | legal principle or rule established in an earlier court decision that guides judges in later cases with similar facts |
| remand | Instead of resolving the entire case, higher court determines legal or procedural error was made or that a new constitutional standard must be applied and sends a case back to a lower court for further action or reconsideration |
| respondent | the party against whom a court petition or appeal is file |
| roberts, john | current chief justice |
| rule of four | SCOTUS practice where only 4/9 justices must vote to grant a writ of certiorari, placing a case on the Court's discretionary docket for full review. Not in the Constitution, but it decides which cases the Court actually hears. |
| senatorial courtesy | an unwritten political custom in the United States Senate where the president consults with and seeks the approval of home-state senators before appointing federal district court judges, U.S. attorneys, or other local federal officials |
| solicitor general | The third-ranking officer in the Justice Department, who decides what cases the federal government will appeal from lower courts and personally approves every case the government presents to the Supreme Court. |
| special legislative courts | specialized federal courts created by Congress to handle specific areas of federal law |
| stare decisis | is a Latin phrase meaning "to let the decision stand," which is the legal principle requiring courts to follow historical precedents when ruling on cases with similar facts |
| strict constuctionist | reads the U.S. Constitution literally, limiting federal powers strictly to those explicitly enumerated in the text |
| supreme court | highest US federal court |
| unanimous opinion | Supreme Court ruling where all participating justices agree on both the final outcome (the judgment) and the core legal reasoning |
| us circuit of appeals | serves as the middle tier of the federal judiciary, exercising appellate jurisdiction to review legal decisions from lower district courts. |
| us district courts | first tier of courts, District courts are the 94 trial-level federal courts where most federal cases start. There are 94 district courts but only 13 circuits. |
| warren earl | 14th Chief Justice of the U.S. Supreme Court (1953–1969), expanded civil rights, civil liberties, and federal judicial power overturned plessy v. ferguson barred use of illegally obtained evidence (mapp v. ohio) |
| writ of certiorari | a formal order issued by the Supreme Court of the United States to a lower court, calling up the official record of a case for review |
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