Civil Rights

Adversarial Judicial System

A legal system where two opposing sides present their arguments and evidence before an impartial judge or jury.

Amicus Curiae Brief

A 'friend of the court' brief submitted by someone not directly involved in the case but who has a strong interest in the subject matter.

Civil Law

A branch of law that deals with disputes between individuals or organizations, typically seeking compensation rather than punishment.

Collegial Court

A court system in which multiple judges work together to make decisions, often in higher appellate courts.

Common Law

Law derived from judicial decisions and precedent rather than from statutes.

Concurring Opinion

An opinion written by one or more judges who agree with the majority decision but for different reasons.

Constitutional Law

Law that involves the interpretation and application of the U.S. Constitution.

Court of Last Resort

The highest court in a jurisdiction, typically the Supreme Court, where final decisions are made.

Criminal Law

Law dealing with actions that are offenses against the public, punishable by fines, imprisonment, or other penalties.

Descriptive Representation

The idea that elected representatives should reflect the demographic characteristics of their constituents.

Discretionary Jurisdiction

The power of a court to decide whether to hear a particular case.

Dissenting Opinion

An opinion written by one or more judges expressing disagreement with the majority decision.

Diversity of Citizenship

A basis for federal court jurisdiction where the parties are from different states or countries.

Doctrine of Stare Decisis

The principle that courts should follow precedent when making decisions.

Dual Court System

The division of courts into two separate systems: federal and state courts.

Federal Question

A legal issue involving the interpretation of the U.S. Constitution, federal laws, or treaties.

Judicial Independence

The concept that the judiciary should be independent from other branches of government.

Appellate Courts

Courts that hear appeals from lower court decisions, reviewing the legal principles involved.

Associate Justice

A member of the Supreme Court who is not the Chief Justice.

Attitudinal Model

A theory that judicial decisions are based on personal ideological preferences.

Bench Memo

A document written by a law clerk for a judge summarizing the facts, issues, and applicable law of a case.

Bench Trial

A trial where the judge alone decides the outcome, without a jury.

Beyond a Reasonable Doubt

The standard of proof required in a criminal trial for a conviction.

Cert Memo

A memo that summarizes a petition to the Supreme Court for a writ of certiorari.

Certiorari Petition

A petition asking the Supreme Court to hear a case.

Chief Justice

The head justice of the U.S. Supreme Court, who presides over the Court's sessions.

Judicial Activism

The belief that courts should actively interpret the Constitution and laws to correct injustices.

Judicial Restraint

The belief that courts should limit their role and defer to the decisions made by legislatures.

Judicial Review

The power of courts to declare laws unconstitutional.

Jurisdiction

The authority of a court to hear and decide a case.

Jury Trial

A trial where a group of citizens is selected to determine the facts and reach a verdict.

Law

A system of rules created and enforced through governmental institutions.

Legal Model

A theory that judicial decisions are primarily determined by the law and facts of the case.

Mandatory Jurisdiction

A court's obligation to hear certain types of cases, as required by law.

Marbury v. Madison

The 1803 case that established the principle of judicial review in the United States.

Original Jurisdiction

The power of a court to hear a case for the first time, as opposed to appellate jurisdiction.

Penal Code

A set of laws that specify crimes and the punishments for them.

Precedent Cases

Past cases that are used as a guide for deciding similar future cases.

Preponderance of the Evidence

The standard of proof in civil trials, where the party's evidence is more convincing than the other side's.

Rule of Four

A Supreme Court practice where at least four justices must agree to hear a case.

Senatorial Courtesy

A tradition in which senators from the state where a judicial vacancy occurs are consulted on the appointment of federal judges.

Strategic Model

A theory that judges act strategically, taking into account the preferences of other judges, branches of government, or the public.

Substantive Representation

The tendency of elected officials to advocate for the interests of the groups they represent.

Symbolic Representation

The idea that elected officials should resemble the people they represent in terms of appearance and characteristics.

Tort

A civil wrong that causes harm or loss, leading to legal liability.

Trial Court

A court where cases are heard for the first time, and issues of fact and law are decided.

U.S. Code

The official compilation of all general and permanent federal laws.

U.S. Supreme Court

The highest court in the United States, with ultimate appellate jurisdiction.

Writ of Certiorari

An order by a higher court directing a lower court to send the record of a case for review.