Judiciary Terms

judicial review

the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution

adversary system

a judicial system in which the court of law is a neutral arena where two parties argue their differences

justiciable dispute

a dispute growing out of an actual case or controversy and that is capable of settlement by legal methods

class-action suit

lawsuit brought by an individual or a group of people on behalf of all those similarly situated

criminal law

a law that defines crimes against the public order

 civil law

a law that governs relationships between individuals and defines their legal rights

defendant

in a criminal action, the person or party accused of an offense

plea bargain

agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense

public defender system

arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys

political question

a dispute that requires knowledge of a nonlegal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; judges refuse to answer constitutional questions that they declare are political

writ of habeas corpus

a court order requiring explanation to a judge why a prisoner is being held in custody

original jurisdiction

the authority of a court to hear a case “in the first instance.”

appellate jurisdiction

the authority of a court to review decisions made by lower courts

grand jury

a jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment

petit jury

a jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action

magistrate judge

an official who performs a variety of limited judicial duties

court of appeals

a court with appellate jurisdiction that hears appeals from the decisions of lower courts

precedent

a decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts

senatorial courtesy

presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work

judicial self-restraint

philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say

judicial activism

philosophy proposing that judges should interpret the Constitution to reflect current conditions and values

stare decisis

the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented

writ of certiorari

a formal writ used to bring a case before the Supreme Court

amicus curiae brief

literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case

docket

the list of potential cases that reach the Supreme Court

opinion of the court

an explanation of the decision of the Supreme Court or any other appellate court

dissenting opinion

an opinion disagreeing with a majority in a Supreme Court ruling

concurring opinion

an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning