Chapter 13 - Exploring the Federal Courts: Key Terms and Definitions

Precedents

prior cases whose principles are used by judges as the basis for their decisions in present cases

Original jurisdiction

the authority to initially consider a case

Appellate jurisdiction

the authority to hear appeals from a lower Court's decision

Chief Justice

Justice on the Supreme Court who presides over the Court's public sessions and whose official title is Chief Justice of the United States

Standing

the right of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome

Writ of certiorari

a decision of at least four of the nine Supreme Court Justices to review a decision of the lower court

Solicitor General

the top government lawyer in all cases before The Supreme Court in which the government is a party

Amicus curiae

individuals or groups who are not parties to a lawsuit but seek to assist the Supreme Court in reaching a decision by presenting additional briefs

Oral arguments

the stage in the Supreme Court procedure in which attorneys for both sides appear before the court to present their positions and answer questions posed by justices

Majority Opinion

a court opinion reflecting the views of the majority of the judges

Dissenting opinion

a decision written by a Justice in the minority in a particular case in which the Justice wishes to express his or her reasoning in the case

Concurring opinion

a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision

Judicial Restraint

Judicial philosophy that asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.

Judicial Activism

Judicial philosophy that asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts

Judicial Review

the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional

Stare decisis

"let the decision stand" - the legal doctrine under which courts follow legal precedents when deciding cases with similar facts.

Petitioner

the party who petitioned the Supreme Court to review the case

Respondent

the party being sued or tried and is also known as the appellee in the Supreme Court

Judicial implementation

the process by which a court's decision is enforced by other governmental bodies

Marbury v. Madison (1803)

a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that they find to violate the Constitution of the United States

Federalist 78

discusses the power of judicial review and the need for an independent judiciary who will maintain their independence through lifetime appointments