Chapter 14

criminal cases

Court cases involving a crime or violation of public order.

Civil cases

Court cases that involve a private dispute arising from such matters as accidents, contractual obligations, divorce, and bodily injuries or harm.

U.S. district courts

Courts within the lowest tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.

U.S. courts of appeals

Courts within the second tier of the three-tiered federal court system; courts where litigation begins.

U.S. Supreme Court

Known as "SCOTUS" for short, the highest court in the U.S. judicial system.

tribal justice systems

Courts that administer justice on Native American lands, consistent with the law and sovereignty of tribal nations.

plea bargain

A defendant's admission of guilt in exchange for a less severe punishment.

precedent

A judicial ruling that serves as the basis for the ruling in a subsequent case.

stare decisis

Literally, "let the decision stand"; decision making according to precedent.

docket

A court's agenda.

solicitor general

The third highest official of the U.S. Department of Justice, and the person who represents the national government before the U.S. Supreme Court.

amicus curiae brief

A "friend of the court" brief filed with the permission of the court by an individual or group that is not a party to a legal action but has an interest in it.

original jurisdiction

The authority of a court to hear a case before any other court does.

appellate jurisdiction

The authority of a court to hear cases that have been tried, decided, or reexamined in other courts.

rule of four

An unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the U.S. Supreme Court.

judgment

The judicial decision in a court case.

opinion

The written explanation that justifies a court's judgment in a case.

argument

The heart of a judicial opinion, its logical content separated from facts, rhetoric, and procedure.

concurrence

The agreement of a judge with the majority decision for a reason other than the majority reason.

dissent

The disagreement of a judge with a majority decision.

senatorial courtesy

A norm under which a nomination must be acceptable to the home-state senator from the president's party.

common law

Legal precedents derived from previous judicial decisions.

statutory construction

Judicial interpretation of legislative acts that clarify the meaning of law.

judicial restraint

A judicial philosophy by which judges tend to defer to decisions of the elected branches of government.

judicial activism

A judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or weakening of those decisions.