Judicial Branch Vocabulary Terms

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Judicial Review

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The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.

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Judicial Activism

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A judicial philosophy that states that the courts should consider broader societal implications of its decisions and take that into account when ruling on decisions.

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Judicial Restraint

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A judicial philosophy that states that the courts must not interpret the law outside of what is exactly stated in the Constitution.

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Majority Opinion

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A document which states the final decision of the court.

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Dissenting Opinion

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A document issued by judges/justices who disagree with the majority opinion.

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Original Jurisdiction

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The authority of a trial court to be the first to hear a case.

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Appellate Jurisdiction

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The authority of an appellate court to re-hear a previously heard case, and then to potentially re-decide its outcome.

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Due Process (Sometimes called ‘procedural due process’)

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The fair administration of justice.

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Amicus Curiae

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A legal document filed by a non-party in a court case, typically an individual or organization with a strong interest in the subject matter.

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Writ of Certiorari

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A legal order issued by a higher court, typically an appellate court, to review and reconsider a decision made by a lower court.