chapter 13

Amicus Curiae

Literally a 'friend of the court'; used for a brief filed by someone who is interested in but not a party to a case.

Appellate Court

A court that reviews cases already decided by a lower or trial court and may change the lower court’s decision.

Appellate Jurisdiction

The power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision.

Associate Justice

A member of the Supreme Court who is not the chief justice.

Brief

A written legal argument presented to a court by one of the parties in a case.

Chief Justice

The highest-ranking justice on the Supreme Court.

Circuit Courts

The appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals.

Civil Law

A non-criminal law defining private rights and remedies.

Common Law

The pattern of law developed by judges through case decisions, largely based on precedent.

Concurring Opinion

An opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so.

Conference

A closed meeting of the justices to discuss cases on the docket and take an initial vote.

Courts of Appeals

The appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts.

Criminal Law

A law that prohibits actions that could harm or endanger others, and establishes punishment for those actions.

Dissenting Opinion

An opinion written by a justice who disagrees with the majority opinion of the Court.

District Courts

The trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard.

Docket

The list of cases pending on a court’s calendar.

Dual Court System

The division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts.

Judicial Activism

A judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially to broaden individual rights and liberties.

Judicial Restraint

A judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government.

Judicial Review

The power of the courts to review actions taken by the other branches of government and the states to rule on the constitutionality of those actions.

Majority Opinion

An opinion of the Court with which more than half the nine justices agree.

Marbury v. Madison

The 1803 Supreme Court case that established the courts’ power of judicial review and ruled an act of Congress unconstitutional for the first time.

Oral Argument

Words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case.

Original Jurisdiction

The power of a court to hear a case for the first time.

Precedent

The principles or guidelines established by courts in earlier cases that steer the direction of the entire court system.

Rule of Four

A Supreme Court custom that a case will be heard when four justices decide to do so.

Senatorial Courtesy

An unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy, particularly for court positions.

Solicitor General

The lawyer who represents the federal government and argues some cases before the Supreme Court.

Stare Decisis

The principle by which courts rely on past decisions and their precedents when making decisions in new cases.

Trial Court

The level of court in which a case starts or is first tried.

Writ of Certiorari

An order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.