Concepts for Chapter 9 (Vocabulary Quiz 1)

amicus curiae

“Friend of the court”; amici may file briefs or even appear to argue their interests orally before the court.

appellate jurisdiction

The power vested in particular courts to review and/or revise the decision of a lower court

brief

A document containing the legal written arguments in a case fled with a court by a party prior to a hearing or trial.

dissenting opinions

A type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning

concurring opinions

A type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning.

Federalist No. 78

A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review.

judicial activism

A philosophy of judicial decision making that posits judges should use their power broadly to further justice.

judicial implementation

How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit.

judicial restraint

A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own principles.

judicial review

Power of the courts to review acts of other
branches of government and the states.

Marbury v. Madison

Case in which the Supreme Court first asserted the power of judicial review by fnd-ing that part of the congressional statute extending the Court’s original jurisdiction was unconstitutional.

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These courts determine the facts of a case.

precedents

A prior judicial decision that serves as a rule for
settling subsequent cases of a similar nature.

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard.

senatorial courtesy

A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply register-ing their objection.

solicitor general

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.

stare decisis

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases.

strict constructionist

An approach to constitutional interpretation that emphasizes interpreting the Constitution as it was originally written and intended by the Framers.

writ of certiorari

A request for the Supreme Court to order
up the records from a lower court to review the case.

concurrent jurisdiction

allows the federal and state government to share jurisdiction and enforce both federal and state laws, as well as provide both federal and state services.

litigation

the process of resolving disputes by filing or answering a complaint through the public court system.

loose constructionist

the belief that the Constitution is a dynamic, living document that must change as the nation develops

majority opinion

an appellate opinion supporting the court's judgment (the result reached in the case) which receives a majority vote of the justices or judges hearing the case.

oral arguments

a presentation of a case before a court by spoken word. Lawyers or parties representing each side in a dispute have 30 minutes to make their case and answer questions from Supreme Court justices or Intermediate Appellate Court judges.

standing to sue

The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from another party or from an action of government.