The Judiciary Vocab

Inferior courts

Inferior courts

The lower federal courts, beneath the Supreme Court.

Jurisdiction

The authority of a court to hear a case.

Concurrent Jurisdiction

Power shared by federal and State courts to hear certain cases.

Plaintiff

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

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.

Original jurisdiction

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

Appellate jurisdiction

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

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 that statute(s) involved in a case or on precedent.

Precedent

Courts decision that stands as an example to be followed in future, similar cases.

Judicial activism

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

Judicial Review

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

Writ of Certiorari

An order by a higher court directing a lower court to send up the record in a given case for review from the Latin meaning “to be more certain.”

Certificate

A method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question.

Brief

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

Majority Opinion

Officially called the Opinion of the Court, announces the Court’s decision in a case and sets out the reasoning upon which it is based.

Concurring Opinion

Written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision.

Dissenting Opinion

Written explanation of the views of one or more judges who disagree with (dissent from) a decision reached by a majority of the court.

Criminal case

A case in which a defendant is tried for committing a crime as defined by the law.

Docket

A court’s list of cases to be heard.

Record

A transcript of proceedings made in trial court.

Courts-martial

A court composed of military personnel, for the trial of those accused of violating military law.

Civilian tribunal

A court operating as part of the judicial branch, entirely separate from the military establishment.

Redress

Satisfaction of a claim by payment.