Judicial Branch Vocab (Unit 2C)

Question 1

Judicial Restraint

Answer 1

The view that judges should decide cases strictly on the basis of the language of laws and the Constitution.

Question 2

Judicial Activism

Answer 2

The view that judges should apply the principles and provisions of the Constitution to modern circumstances.

Question 3

Constitutional Courts

Answer 3

Federal courts authorized by Article III of the Constitution that
keeps judges in office for life during good behavior.

Question 4

District Courts

Answer 4

The lowest federal courts that have original jurisdiction over most federal cases.

Question 5

Courts of Appeals

Answer 5

Federal courts that hear appeals from district courts. They review each case for possible errors

Question 6

Supreme Court

Answer 6

The highest court in the United States, made up of nine justices.

Question 7

Legislative Courts

Answer 7

Courts created by Congress for specialized purposes, such as the U.S. Tax Court.

Question 8

Litmus Test

Answer 8

A consideration of the political ideology of a nominated judge.

Question 9

Judicial Review

Answer 9

The power of the courts to declare laws unconstitutional.

Question 10

Writ of Certiorari

Answer 10

An order by a higher court directing a lower court to send up a case for review.

Question 11

Marbury v. Madison

Answer 11

Landmark Supreme Court case that established the court’s
power of judicial review

Question 12

Plaintiff

Answer 12

The party that initiates a lawsuit.

Question 13

Standing

Answer 13

A legal rule stating who is authorized to start a lawsuit.

Question 14

Precedent

Answer 14

The principle set by the court in one case that will be used as the basis for deciding future cases.

Question 15

Class-action suit

Answer 15

A case brought by an individual that will impact that person and all others similarly situated.

Question 16

Original Jurisdiction

Answer 16

The authority of a court to hear a case first.

Question 17

Appellate Jurisdiction

Answer 17

The authority of a court to hear a case brought to them on appeal from a lower court.

Question 18

Brief

Answer 18

A written statement by attorney that summarizes a case and the laws and rulings that support it.

Question 19

Amicus Curiae Brief

Answer 19

A brief submitted by a “friend of the court” to provide the court with additional information on a case.

Question 20

Opinion of the Court/Majority Opinion

Answer 20

The judicial opinion agreed upon by more than half of the members of the court that explains the reasoning of the court’s decision.

Question 21

Concurring Opinion

Answer 21

A signed opinion in which one or more members agree with the majority view, but for different reasons.

Question 22

Dissenting Opinion

Answer 22

A signed opinion that features the perspective of those justices who disagreed with the majority opinion.

Question 23

Stare Decisis

Answer 23

“Let the decision stand” or allowing prior rulings to determine the court’s stand on a current case.

Question 24

Senatorial Courtesy

Answer 24

Unwritten custom that the Senate will not approve a judicial nomination if opposed by a senator from the state in which the nominee is to serve.

Question 25

Rule of Four

Answer 25

In order for a case to be granted certiorari, four justices must agree that the case is worthy to be heard.

Question 26

Amendment

Answer 26

A new addition to the constitution that has been proposed by congress and ratified by that states.