Supreme court test

dissenting opinion

dissenting opinion

an opinion written by a justice who does not agree with the Court's decision, explaining the reasons why not

brief

written statement that spells out the party's legal position and cites relevant facts and legal precedents

original jurisdiction

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

jurisdiction

the authority of a court to hear a case

judicial restraint

a judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the Framers or those who enacted the statute(s) involved in a case, or on precedent

minority opinion

an opinion by one or more judges in a legal case who disagree with the decision reached by the majority

concurring opinion

an opinion which is basically in agreement with the decision that the Court has made, but which bases that opinion on different reasons

judicial activism

a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values

judicial review

the power of a court to determine the constitutionality of a governmental action

plaintiff

in civil law, the party who brings a suit or some other legal action against another (the defendant) in court

writ of certiorari

an order by the Court directing a lower court to send up the record in a given case for review

appellate jurisdiction

the authority of a court to review decisions of inferior (lower) courts

William Marbury

In 1803, Marbury (1762

James Madison

Madison (1751,1836) wrote several of the Federalist Papers and was a major figure in the movement to replace the Articles of Confederation. It is his Notes on the Debates in the Federal Convention that have given us a clear understanding of what occurred during those debates. During the convention, Madison was the main architect of the Virginia Plan and had a strong influence on the entire meeting. In fact, he has been referred to as the "Father of the Constitution." At that time, he favored a strong National Government but later saw the benefits of stronger State governments

defendant

in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime

majority opinion of the Supreme Court

the opinion on which the decision of the Court is based, which identifies the issues in the case and the reasons for the decision