AP GOV'T Term List - Chapter 10

Precedent/Stare Decisis

Stare decisis is a doctrine in which judges are obligated to follow the precedents established in prior decisions. In stare decisis, lower court must obey past decisions made by higher courts. This doctrine generally provides for fairness and consistency, which is important in ensuring everyone is treated equally. It allows for past cases and decisions to control the outcome of present and future cases.

Judicial Restraint

Judicial restraint proposes that judges should strike down the actions of the elected branches only if they clearly violate the intent or meaning of the Constitution. This doctrine holds that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches. Judicial restraint is important because it pushes limits on the power of the judges.

Jurisdiction

Jurisdiction is the court's authority to hear and decide cases. Jurisdiction refers to the extent to which a court can act. A court having jurisdiction has the power to make a decision on a case. Jurisdiction can even involve the geographic areas that determine how and where a particular case may be tried. Courts can act if the particular occurrence is in their boundaries. It is important to ensure that power is exercised fairly.

Writ of Certiorari

A writ of certiorari is a formal writ used to bring a case before the Supreme Court. It orders a lower court to send up a case for review. They do this to clarify the laws. It is a formal request that gives superior courts jurisdiction to review certain cases from courts with inferior jurisdiction.

Judicial Activism

Judicial activism is a doctrine holding that the Supreme Court should use its powers to check the activities of governmental bodies when those bodies exceed their authority. It proposes that judges should interpret the Constitution to reflect current conditions and values. Judicial activism is important because encourages the court to play a role in shaping national policies.

Oral Arguments

Oral arguments are verbal arguments presented in person by attorneys to an appellate court. Attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices. Each side has 30 minutes in which they supply reasons as to why the court should rule in favor of their client. Oral arguments give both sides their individual time to present their sides of the case.

Supreme Court

The Supreme Court is a body that was organized by the Judiciary Act of 1789 and first headed by John Jay. It consists of nine justices, each appointed by the President and confirmed by Congress. The terms of justices are for life. Supreme Court exercises the power to determine constitutionality of statutes. The Supreme Court was created by the Constitution in Article III, Section 1. It is the highest court and essentially the last resort. Among the nine justices, there is one chief justice. Lawsuits between states are settled here.

Chief Justice

The chief justice is the presiding member of the Supreme Court. This person also holds the highest judicial position in the country. He serves as spokesperson of the other eight judges of the Supreme Court and of the judicial branch. The chief justice also obtains power to set agenda and generally administers the oath of office of the President of the United States. This position is a significant role in the judicial branch because it is the person with the most power.

Federal District Courts

The federal district courts hear cases involving the Constitution and the federal law. This is a system of lower courts. Established by the national government, federal district courts deal with problems between states, with the Constitution, and with laws made by Congress. Occasionally, cases can be moved from the state to federal level to remove bias, which provides a significant duty to the federal district courts.

Grand Jury/Petit Jury

The grand jury is a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime after hearing the facts in the case. If the jury does indeed believe that there is sufficient evidence that a crime was committed, it issues an indictment, which is a formal charge by a grand jury. A petit jury is a smaller-sized jury who determines guilt or innocence. They are generally composed of 12 or fewer citizens. Juries are important for providing the opinion of many different people of various occupations. They facilitate the court procedures.

Rule of Four

The rule of four is the requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case. 4 of the 9 justices must vote to grant a petition for review if a case is to come before the full court. Rule of four is important in ensuring that the most relevant cases are heard and reviewed.

Solicitor General

The solicitor general is a presidential appointee and the third-ranking office in the Department of Justice. This person is responsible for choosing and arguing the government's cases before the Supreme Court. The important roles of the solicitor general include deciding whether to appeal cases lost by the government, reviewing briefs of government appeals, and submitting amicus curiae briefs.

Federal Circuit Courts of Appeal

There are 13 federal circuit courts of appeal in the country. They hear cases appealed from the Federal District Courts or a State Supreme Court. These courts do not consist of juries. The federal circuit courts of appeal have nationwide jurisdiction based on subject matter rather than geographic area. The subject matter covers business, trade, and civil service. These courts operate independently of one another. They are significant because they have the power to set legal precedents in regions that cover many Americans.

Amicus Curiae Briefs

These are legal briefs submitted by a "friend of court" for the purpose of influencing a court's decision. They raise additional points of view and present information not contained in the briefs of the formal parties. Interest groups use these in the court system to try to influence court judges. Amicus curiae briefs are important because they are a form of lobbying, and they present outsider perspectives.

Adversarial System

This is the court system in which arguments are presented by both sides before the decision as to which argument is better is made. It facilitates the legal process as a judge acts impartially and passively to let both sides present their arguments, which makes the adversarial system generally very fair to both parties. The judge acts objectively to make a clear decision.

Opinion of the Court

This is the judicial opinion that is agreed to by more than half of the members of a court. It sets forth the decision of the court and an explanation of the reasoning behind the court's decision. It is important because it provides the justification for the decision of the Supreme Court or any other appellate court.