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The Courts
| Question | Answer |
|---|---|
| amicus curiae | literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case |
| appellate court | a court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision |
| associate justice | a member of the Supreme Court who is not the chief justice |
| circuit courts | the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals |
| civil law | a non-criminal law defining private rights and remedies |
| common law | the pattern of law developed by judges through case decisions largely based on precedent |
| concurring opinion | an opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so |
| criminal law | a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions |
| dissenting opinion | an opinion written by a justice who disagrees with the majority opinion of the Court |
| district courts | the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard |
| docket | the list of cases pending on a court’s calendar |
| dual court system | the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts |
| judicial activism | a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties |
| judicial restraint | a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government |
| judicial review | the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional |
| majority opinion | an opinion of the Court with which more than half the nine justices agree |
| Marbury v. Madison | the 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional |
| oral argument | words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail |
| original jurisdiction | the power of a court to hear a case for the first time |
| precedent | the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system |
| Rule of Four | a Supreme Court custom in which a case will be heard when four justices decide to do so |
| solicitor general | the lawyer who represents the federal government and argues some cases before the Supreme Court |
| stare decisis | the principle by which courts rely on past decisions and their precedents when making decisions in new cases |
| writ of certiorari | an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert. |
| brief | a written legal argument presented to a court by one of the parties in a case |
| chief justice | the highest-ranking justice on the Supreme Court |
Created by:
sharimaclachlan
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