Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
AP gov judicial
| Term | Definition |
|---|---|
| Amicus curiae brief | a brief filed by someone who is not a party to a case in an attempt to persuade the court to agree with the arguments set forth in the brief |
| Appellate jurisdiction | the authority of a court to hear and review decisions made by lower courts in that system |
| Attorney general | the chief legal officer of the federal government. This role includes heading the Department of Justice, advising the president, and directing federal law enforcement efforts |
| Binding precedent | once a higher court has made a ruling, that ruling becomes a binding precedent for lower courts, ensuring consistency in the application of the law |
| Brief | a legal document that summarizes a case and presents arguments. It is typically filed by a party involved in the case, outlining relevant facts, lower court decisions, and legal arguments. |
| Certiorari | the process through which most cases reach the Supreme Court; after four justices concur that the Court should hear the case, a writ of certiorari is issued to the lower court to request the relevant case records |
| Class action suit | a legal mechanism where one or more individuals file a lawsuit on behalf of a larger group, known as the class, that shares similar legal claims. This type of lawsuit allows the court's ruling to apply to all members of the class |
| Common law | a legal system primarily based on judicial precedents and case law. In this system, laws are developed through court decisions rather than through comprehensive written statutes |
| Concurring opinion | an opinion that agrees with the majority decision, offering different or additional reasoning that does not serve as precedent |
| Defendant | a person or group against whom a case is brought in court |
| Dissenting opinion | an opinion that disagrees with the majority opinion and does not serve as precedent |
| Dred Scott v. Sanford | ruled that African Americans, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal court. |
| Grand Jury | a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted and subsequently tried in a court of law |
| Injunction | a court order that directs a party or government official to stop a specific action or to perform a particular act to prevent irreparable harm. This legal remedy is often sought in cases where immediate action is necessary to protect rights or interests |
| Judicial activism | a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies |
| Judicial review | the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution |
| Judicial restraint | a philosophy of constitutional interpretation that asserts justices should be cautious in overturning laws |
| Jurisdiction | a court's authority to hear and decide a case |
| Liberal constructionist | interprets the Constitution flexibly. This approach allows for a broader understanding of the text, enabling judges and legislators to adapt constitutional principles to contemporary issues. |
| Litmus test | refers to a specific question posed to a political candidate to determine their ideological alignment with a particular party or organization |
| Majority opinion | binding Supreme Court opinions, which serve as precedent for future cases |
| Marshall, John | His landmark decision in Marbury v. Madison (1803) established the principle of judicial review, allowing the Court to declare laws unconstitutional, thereby solidifying its role in the American legal system |
| Original Jurisdiction | the authority of a court to act as the first court to hear a case, which includes the finding of facts in the case |
| Per curium opinion | a court ruling issued in the name of the Court rather than by individual judges. This type of opinion is often brief and unsigned, allowing the Court to present a unified stance on a legal issue without attributing the decision to a specific justice |
| Persuasive precedent | to legal decisions from other jurisdictions or lower courts that are not binding but can influence a court's ruling |
| Petit jury | a trial jury, is a group of citizens selected to hear evidence in a trial and determine the facts of the case. This jury listens to both sides of the argument and makes a decision based on the evidence presented |
| Petition of certiorari | a formal request to the Supreme Court to review a lower court's decision |
| Petitioner | the party that initiates a legal action by filing a petition. This term is commonly used in the context of appeals, particularly when a party seeks to have a higher court review a lower court's decision |
| Precedent | a judicial decision that guides future courts in handling similar cases |
| Remand | he process where an appellate court sends a case back to a lower court for further proceedings. This action typically occurs after an appeal, where the appellate court may find that the lower court's decision needs to be reconsidered or corrected |
| Respondent | an individual or organization that provides information in response to a survey or inquiry. This can include various entities such as corporations, partnerships, or individuals who are requested to supply data to a governmental agency or organization |
| Roberts, John | plays a crucial role in the Supreme Court, including assigning opinion-writing when he is in the majority, which allows him to influence the direction of rulings toward narrower, precedent-based outcomes |
| Rule of four | It stipulates that at least four of the nine justices must agree to grant a writ of certiorari in order for a case to be heard |
| Senatorial courtesy | an unwritten tradition in the U.S. Senate that allows home-state senators to have significant influence over presidential nominations for federal positions, particularly judicial appointments |
| Solicitor general | serves as the senior lawyer in the Department of Justice who represents the federal government before the Supreme Court. The solicitor general decides which cases the government will appeal and argues the executive branch's legal positions in these cases |
| Special legislative courts | specialized courts established by Congress to handle specific legal issues |
| Stare decisis | the practice of letting a previous legal decision stand |
| Strict constructionist | interprets the Constitution narrowly, emphasizing that the federal government can only exercise powers explicitly granted by the text |
| Supreme Court | the highest level of the federal judiciary, which was established in Article III of the Constitution and serves as the highest court in the nation |
| Unanimous Opinion | a decision made by a court where all justices agree on the verdict |
| U.S. Circuit of Appeals | the intermediate federal appellate courts. They review decisions made by district courts for legal errors and typically operate in three-judge panels |
| U.S. District Courts | the trial-level courts of the federal judiciary. They have original jurisdiction over most federal criminal and civil cases, meaning they are the first courts to hear these cases. There are 94 district courts across the United States |
| Warren, Earl | He is best known for leading the Warren Court, which is often cited as a prime example of an activist judiciary, made significant rulings that expanded civil rights, civil liberties, and the rights of the accused, such as Brown v. Board of Education |
| Writ of certiorari | a formal order issued by the Supreme Court of the United States (SCOTUS) to review a lower court's decision. This process requires the agreement of at least four justices, known as the "rule of four." |
Created by:
user-2052316