Key Legal Terms and Concepts in U.S. Law

Advise and consent

The Senate's power to approve or reject presidential appointments and treaties.

Amicus curiae brief

A legal document filed by someone not involved in a case but who wants to offer information or arguments to help the court.

Appellate jurisdiction

The power of a court to review and change the decision of a lower court.

Civil law

Law dealing with disputes between people or groups (not crimes).

Class action suit

A lawsuit filed by one person or group on behalf of many people with similar claims.

Concurring opinion

A judge's opinion that agrees with the majority but for different legal reasons.

Conference committee

A committee that resolves differences between House and Senate versions of a bill.

Constitutional law

Laws that interpret the U.S. Constitution and government powers.

Criminal law

Laws that define crimes and punishments for breaking them.

Dissenting opinion

A judge's opinion that disagrees with the majority decision.

Judicial branch

The branch of government that interprets laws and includes the courts.

Judicial activism

When judges make bold policy decisions or interpret the Constitution in new ways.

Judicial restraint

When judges avoid making policy and stick closely to past decisions and the law.

Judicial review

The power of courts to decide if laws or actions are constitutional.

Judicial scrutiny

The level of review courts use to evaluate laws that may affect rights (strict, intermediate, or rational basis).

Litigation

The process of taking legal action or resolving disputes in court.

Litmus test

A question or issue used to determine if someone is suitable for a judicial position, often based on ideology.

Original jurisdiction

The power of a court to hear a case first, before any other court.

Per curiam opinion

A brief, unsigned court decision from the whole court.

Precedent

A past court decision that is used as a guide in future similar cases.

Remedy

A solution ordered by a court to fix a wrong or enforce a right.

Rule of Four

At least four Supreme Court justices must agree to hear a case.

Senatorial courtesy

The tradition of the president consulting a senator before appointing someone to a federal position in that senator's state.

Standing

The right to bring a case to court, based on being directly affected by the issue.

Stare decisis

The principle of following previous court decisions ("let the decision stand").

Term - Judge

The length of time a judge serves; federal judges usually serve for life.

Unanimous opinion

A court decision where all judges agree.

Writ of certiorari

A formal request for the Supreme Court to hear a case.

Writ of habeas corpus

A court order requiring that a prisoner be told why they're being held.

Writ of mandamus

A court order forcing a government official to do their duty.