JUD - Judiciary Module Overview
The Judiciary
Introduction
Because power is widely distributed and checks prevent one branch from usurping powers from the others, institutional actors are in the position where they must both compete and cooperate in order to govern.
Key Terms
Criminal Law: The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts.
Plaintiff: The individual or organization that brings a complaint in court.
Defendant: The one against whom a complaint is brought in a criminal or civil case.
Civil Law: The branch of law that deals with disputes that do not involve criminal penalties precedents- Prior case whose principles are used by judges as the basis for their decision in a present case.
Stare Decisis: The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.
Public Law: That part of law that governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.
Trial Court: The first court to hear a criminal or civil case.
Appellate Court: Any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
Supreme Court: The highest court in a particular state or in the United States. This court primarily serves an appellate function.
Senatorial Courtesy: The practice whereby the president, before formally nominating a person for federal judgeship, seeks the indication that senators from the candidate's own state support the nomination.
Judicial Review: The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison.
Supremacy Clause: Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.
Writ of Certiorari: A decision of at least four of the nine Supreme Court justices to review a decision of a lower court.
Solicitor General: The top government lawyer in all cases before the Supreme Court where the government is a party.
Per Curium: A brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court.
Amicus Curiae: Literally, "friend of the court", individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs.
Briefs: Written documents in which attorneys explain, using case precedents, why the court should find in favor of their court.
Class Action Suit: A legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest.
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