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Appellate jurisdiction
authority of a court to hear an appeal from a lower court.
Civil law
concerns noncriminal disputes between private parties.
Class action lawsuit
lawsuit brought on behalf of a class of people against a defendant, e.g., lawsuits brought by those who have suffered from smoking against tobacco companies.
Concurring opinion
written by a Supreme Court Justice who voted with the majority, but for different reasons.
Dissenting opinion
written by a Supreme Court Justice (or Justices) who express a minority viewpoint in a case.
Injunction
court order that forbids a party from performing a certain action.
Judicial activism
philosophy that the courts should take an active role in solving problems.
Judicial restraint
philosophy that the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law.
Judicial review
power of the courts to review the constitutionality of laws or government actions.
Majority opinion
written to express the majority viewpoint in a Supreme Court case.
Original jurisdiction
authority of a court to first hear a case.
Quorum
minimum number of members needed for the House or Senate to meet.
Impeachment
House action that formally charges an official with wrongdoing. Conviction requires 2/3 vote from the Senate.
Remand
the Supreme Court's sending of a case back to the original court in which it was heard.
Rule of four
the Supreme Court will hear a case if four Justices agree to do so.
Senatorial courtesy
tradition in which the President consults with the senators within a state in which an appointment is to be made.
Stare decisis
Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases.
Writ of certiorari
issued by the Supreme Court to a lower court to send up the records of a case so that it can be reviewed by the high court.
Writ of habeas corpus
court order that the authorities show cause for why they are holding a prisoner in custody. Deters unlawful imprisonment.
Writ of mandamus
court order directing a party to perform a certain action.
Docket
a court's calendar, showing the schedule of cases it is to hear
Brief
a written document explain the position of one side or the other in a case
District courts
federal courts where trials are held and lawsuits are begun
Appeals courts
a court that reviews decisions made in the lower district courts
Precedent
a ruling that is used as the basis for a judicial decision in a later, similar case
Subpoena
a court order requiring a person to appear and testify in court
Due process clause
part of the 14th amendment which guarantees that no state deny basic rights to its people
Amicus curiae
friend of the court; one who advises the court on legal matters
Incorporation
a process that extended the protections of the Bill of Rights against the actions of state and local governments
Probable cause
a level of evidence needed to make an arrest or get a search warrant.
Baker v. Carr
SCOTUS that ruled that the federal judiciary has the jurisdiction to rule on political matters such has redistricting and reapportionment.
Marbury v. Madison
SCOTUS case that established principle of judicial review
Tinker v. Des Moines
SCOTUS case that guaranteed a student's right to protest (wearing armbands)
Schenck v. United States
Supreme Court case that established that the first amendment could be denied if it presented a "clear and present danger"
New York Times v. US
Supreme Court case that bolstered the freedom of the press, establishing a "heavy presumption against prior restraint."
Engel v. Vitale
Supreme Court case that said school sponsorship of prayer violates the establishment clause.
McCulloch v. Maryland
Supreme Court case that said states cannot tax the federal gov't via the Supremacy Clause.
Shaw v. Reno
Supreme Court case that outlawed racial gerrymandering.
US v. Lopez
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
Citizens United v. FEC
Decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law.
Wisconsin v. Yoder
Amish children do not have to go to school until they are 16---they may stop after the 8th grade due to the free exercise clause
John Roberts
Brent Kavanaugh
Neil Gorsuch
Elana Kagan
Sonia Sotomayor
Kentanji Brown Jackson
Clarence Thomas
Samuel Alito
Amy Coney Barrett