Exam 2 Review Political Science Chapter 14

Amicus curiae brief

•  "Friend of the court" brief filed by a non-party (interest groups, governments) to give the court information or arguments and influence the decision.

Appellate jurisdiction

• A court's authority to review decisions of lower courts, looking at legal errors rather than retrying facts.

Argument

• Presentation of the case to the court, both written briefs and oral argument where each side's lawyers present and answer justices' questions (about 30 minutes per side at the Supreme Court).

Civil cases

• Disputes between private parties, or between a private party and government, about rights, contracts, or harms. Usually seek damages or an order; standard is preponderance of the evidence.

Common law

• Law developed through judges' decisions and precedent rather than statutes. Inherited from England.

Concurrence

• Opinion by a justice who agrees with the outcome but for different reasons.

Criminal cases

• Government prosecutes someone for violating criminal law. Guilt must be proven beyond a reasonable doubt.

Dissent

• Opinion by justices who disagree with the majority outcome. Can influence later law.

Docket

• The list of cases a court has accepted or scheduled to hear.

Judgment

• The court's formal decision on the outcome of a case (for example, affirming or reversing the lower court).

Judicial activism

• Judges willing to strike down laws and use courts to make policy or expand rights (Warren Court is often cited).

Judicial restraint

• Judges defer to elected branches, follow precedent, and decide cases narrowly.

Judicial review

• Court's power to declare laws and executive actions unconstitutional. Not explicit in the Constitution; established in Marbury.

Marbury v. Madison (1803)

• Chief Justice Marshall held part of the Judiciary Act of 1789 unconstitutional, establishing judicial review of federal law.

Opinion

• Written explanation of the court's reasoning. Includes the majority opinion and any concurrences and dissents.

Original jurisdiction

• Authority to hear a case for the first time (trial courts). The Supreme Court has it in limited cases, such as those involving states or ambassadors.

Plea bargain

Agreement where a defendant pleads guilty in exchange for lesser charges or a lighter sentence. Resolves the large majority of criminal cases.

Precedent

• Prior court decision used as authority for deciding similar later cases.

Rule of four

• At least four of nine justices must agree to hear a case (grant certiorari).

Senatorial courtesy

• Custom of the president consulting, and deferring to, home-state senators of the president's party on district court nominees (and sometimes appeals court nominees).

Solicitor general

• Justice Department official who represents the U.S. government before the Supreme Court and decides which cases the government appeals. Often called the "tenth justice" because of high success.

Stare decisis

• "Let the decision stand": courts follow precedent to promote stability and predictability.

Statutory construction

• Courts interpreting the meaning of statutes, especially when the text is unclear.

Tribal justice systems

• Courts run by Native American tribes as sovereign governments. They handle civil and criminal matters on tribal land, with limits on authority over non-Native defendants.

U.S. courts of appeals

• Federal appeals courts organized into 13 circuits. Review district court decisions for legal error using three-judge panels, no juries.

U.S. district courts

• Federal trial courts (94 districts) with original jurisdiction. Where federal cases begin, with juries and fact-finding.

U.S. Supreme Court

• Highest court, with nine justices. Chooses a small number of cases each term from thousands of petitions and sets nationwide precedent.