week6

Appellate jurisdiction

The authority of a given court to review cases that have already been tried in lower courts.

Concurring opinion

A separate opinion written by a Supreme Court justice who votes with the majority but disagrees with the reasoning.

Decision

A vote of the Supreme Court indicating which party the justices side with.

Dissenting opinion

The opinion of a justice explaining their reasons for disagreeing with the majority’s decision.

Facts

The relevant circumstances of a legal dispute as determined by a trial court.

Judicial activism

The doctrine that courts should develop new legal principles when there is a compelling need.

Judicial restraint

The doctrine that the judiciary should defer to precedent and the judgment of legislatures.

Judicial review

The power of courts to decide whether governmental actions are constitutional.

Jurisdiction

A given court’s authority to hear cases of a particular kind.

Living constitution theory

Holds that constitutional provisions should be applied in the context of today’s societal needs.

Majority opinion

A court opinion that results when a majority of justices agree on the legal basis of the decision.

Opinion

A court's written explanation of its decision.

Original jurisdiction

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

Originalism theory

Holds that the meaning of constitutional provisions is fixed at the time of writing.

Plurality opinion

A court opinion resulting when a majority agrees on a decision but not on the legal basis.

Per curiam opinion

An unsigned decision written for the U.S. Supreme Court as a whole.

Precedent

A judicial decision that serves as a rule for settling subsequent cases.

Rule of four

At least four justices must agree to hear a case for the U.S. Supreme Court.

Writ of certiorari

Permission granted by a higher court to allow a losing party to bring a case before it.