vocab
what is judicial review
the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
litmus test
a test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.
dissenting opinion
an opinion disagreeing with the majority in a Supreme Court ruling.
midnight judges
the 16 judges that were added by the Judiciary Act of 1801 that were called this because Adams signed their appointments late on the last day of his administration.
Adversary System
Where two adversaries represent and defend their parties’ case, usually to a judge or a jury.
judicial activist
philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
statutory law
law that comes from authoritative and specific law making sources, primarily legislatures but also including treaties and executive orders.
original jurisdiction
the authority of a court to hear a case “in the first instance”
remand
to send or order back; in law, to send back to jail or to a lower court.
Amicus Curiae Brief
Someone who isn't part of the party, but is asked by a party to offer insight or information on the case.
writ of certiorari
an order issued by the Supreme Court granting a hearing to an appeal. A vote of four justices is needed to approve the writ. Only about three or four of all appeals are accepted.
judicial restraint
philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
common law
judge-made law that originated in England in the twelfth century, when royal judges traveled around the country settling disputes in each locality according to prevailing custom. The common law continues to develop according to the rule of stare decisis, which means "let the decision stand." This is the rule of precedent, which implies that a rule established by a court is to be followed in all similar cases.
appellate jurisdiction
the authority of a court to review decisions made by lower courts.
Appellate Jurisdiction:
The authority of a court to review decisions made by lower courts.
rule of four
a Supreme Court practice of the United States that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court’s docket.
amicus curiae
“friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
written brief
a written statement by a party in a court case that details its argument.
checks and balances
The ability of different branches of government to stop each other from acting; designed to prevent one branch from gaining too much power.
brief
A legal document that argues for why a party should prevail.
majority opinion
a judicial opinion agreed to by more than half of the members of a court.
commission
government agencies responsible for some sector of the economy, making/enforcing rules to protect the public interest.
stare decisis
the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
citizen
A legal member of a political unit.
Class Action Suit
When a plaintiff sues a defendant on half of a group of people.