US Gov Vocab - Chapter 14

Advisory opinions

a ruling on a law that has not yet been challenged in court

Writ of certiorari

an order from the Supreme Court to a lower court to send up the records on a case for review

Law clerk

an attorney who assists a justice in reviewing cases

Rule of four

an unwritten rule declaring that if four of the nine justices agree to hear a case, it will be scheduled for argument

Brief

a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case

Amicus curiae

Latin for "friend of the court"; a written brief from an individual or group claiming to have information useful to a court's consideration of a case

Unanimous ruling

issued when the justices all agree on the outcome and the reasons for a decision in a case

Supreme Court Justice

a member of the Supreme Court of the United States, the highest court in the nation

Contentious

likely to cause disagreement or argument

Appellate litigation

a lawsuit occurring at the appeals level of the court system

Judicial restraint

the philosophy that courts should generally avoid overturning laws passed or actions taken by democratically elected bodies

Judicial activism

the philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights

Originalism

a judicial philosophy that interprets the Constitution by exploring the understanding of the text that people had when they adopted the Constitution

"Living" constitution

a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text