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The Judiciary
Chapter 15
| Term | Definition |
|---|---|
| Affirm | to declare that a court ruling is valid and must stand |
| Amicus Curiae Brief | a brief (a document containing legal argument supporting a desired outcome in a particular case) filed by a third party, who is not directly involved with the litigation but who has an interest in the outcome of the case. |
| Appellate Court | a court having jurisdiction to review cases and issues that were originally tried in lower courts |
| Case Law | the rules and principles announced in court decisions. Case law includes judicial interpretations of common law principles and doctrines as well as interpretations of constitutional law, statutory law, and administrative law. |
| Class-Action Suit | a lawsuit filed by an individual seeking damages for “all persons similarly situated”. |
| Common Law | Judge-made law that originated in England from decisions shaped according to prevailing customs. Decisions were applied to similar situations and thus gradually became common to the nation. |
| Concurring Opinion | a separate opinion, prepared by a judge who supports the opinion of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made |
| Dissenting Opinion | a separate opinion in which a judge disagrees with the conclusion reached by the majority of the court and expounds his or her own views about the case |
| Diversity of Citizenship | A basis for federal court jurisdiction over a lawsuit involves citizens of different states. The amount in controversy must be at least $75,000 before a federal court can take jurisdiction in such cases. |
| Federal Question | A question that pertains to the U.S. Constitution, acts of Congress, or treaties. A federal question provides for a basis for federal jurisdiction. |
| General Jurisdiction | Exists when a court’s authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases. |
| Judicial Activism | A doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when those government bodies exceed their authority |
| Judicial Implementation | The way in which court decisions are translated into action. |
| Judicial Restraint | A doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches. |
| Jurisdiction | The authority of the court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdictional factors. |
| Limited Jurisdiction | Exists when a court’s authority to hear cases is restricted to certain type of claims, such as tax claims or bankruptcy petitions |
| Litigate | To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit |
| Majority Opinion | A court opinion reflection the opinion of the majority of the judges. |
| Opinion | The statement by the judge of a court of the decision reached in a case tried or argued before it. The opinion sets forth the law that applies to the case and details the legal reasoning on which the ruling was based. |
| Oral Arguments | The verbal arguments presented in person by attorneys to an appellant court. Each attorney presents reasons to the court why the court should rule in her or his client’s favor. |
| Political Question | An issue that a court believes should be decided by the executive or legislative branch |
| Precedent | A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases. |
| Remand | To send a case back to the court that originally heard it. |
| Reverse | To annul or make void a court ruling on account of some error or irregularity |
| Rule of Four | A United States Supreme Court procedure requiring four affirmative votes to hear a case before the full court |
| Senatorial Courtesy | In regard to federal district court judgeship nominations, a Senate tradition allowing a senator of the president’s political party to veto a judicial appointment in his or her state simply by indicating that the appointment is personally not acceptable. |
| Stare Decisis | To stand on decided cases; the judicial policy of following precedents established by past decisions. |
| Trial Court | The court in which most cases usually begin and in which questions of fact are examined |
| Unanimous Opinion | A court opinion on determination on which all judges agree. |
| Writ of Certiorari | An order issued by a higher court to a lower court to send up the record of a case for review. It is the principal vehicle for United States Supreme Court review |
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kaitlynbuckley
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