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Judicial
KHS judicial branch
| Question | Answer |
|---|---|
| writ of certiorari | A type of writ seeking judicial review of a legal decision. Issued by the Supreme Court when it agrees to hear an appeal. |
| amicus curiae | A Latin term meaning " a friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arguments in support of one side. |
| brief | A legal document prepared by an attorney representing a party before a court. The document sets forth the facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases. |
| stare decisis | A Latin term meaning "let the decision stand." The practice of basing judicial decisions on precedents established in similar cases decided in the past. |
| concurring opinion | A Supreme Court opinion by one or more justices who agree with the majority's conclusion but for different reasons |
| dissenting opinion | A Supreme Court opinion by one or more justices in the minority to explain the minority's disagreement with the Court's ruling |
| judicial review | The power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void. |
| litmus test | A test of ideological purity. A way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what his or her views are on a controversial question. |
| senatorial courtesy | The custom in the U.S. Senate of refusing to confirm a presidential appointment to office opposed by both senators from the state of the appointee or by the senior senator of the President's party |
| procedural due process | The principle that government must respect ALL of a person's legal rights. |
| substantive due process | Judicial interpretations of the due process clauses of the U.S. Constitution requiring the content of law to be fair and reasonable |
| jurisdiction | The authority of a court to hear and decide a case |
| original jurisdiction | The Supreme Court has the right to consider the facts and the law in a case without it having first been passed on by a lower court. A court has the jurisdiction to hear the case first. |
| appellate jurisdiction | A judicial body that hears cases appealed from a lower court. May be called courts of appeals, superior courts, or supreme courts. |
| appeal | The bringing of a court case from a lower court to a higher court in an attempt to have the lower court's decision reversed. |
| Marbury v. Madison | First decision of the Supreme Court of the United States to declare an act of Congress unconstitutional, thus establishing the doctrine of judicial review. |
| McCulloch v. Maryland | Established doctrine of Federal Supremacy and interpreted the necessary and proper clause to imply powers not enumerated. |
| strict constructionist approach | A method of constitutional interpreation that focuses on the plain meaning of the words of the Constitution |
| activist approach | The view that judges should discern the general principles underlying the Constitution and its often vague language and assess how best to apply them in contemporary circumstances, in some cases with the guidance of moral or economic philosophy |
Created by:
afailoni
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