The Supreme Court

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12 Terms

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opinion

a formal written explanation by a judge or a panel of judges of the court’s decision in a case

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majority opinion

the opinion that is shared by the majority of justices in a case, setting forth the final judgment

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concurring opinion

an opinion written by a justice who agrees with the outcome of the case but for different reasons than those stated in the majority opinion

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dissenting opinion

an opinion written by a justice who disagrees with the majority’s decision and provides reasons for their disagreement

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stare decisis

the doctrine that courts should follow precedent (past decisions) when making rulings. it ensures legal stability but can be overturned by the court in certain cases

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judicial review

the power of the court to review laws and actions by the executive or legislative branches and declare them unconstitutional if they violate the constitution. established in marbury v madison (1803)

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certiorari (cert)

a writ issued by the supreme court to review a lower court’s decision. decision to grant or deny ____ is at the discretion of the court

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brief

a written document filed by a party in a case, which presents arguments and legal reasons why the court should rule in their favor

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amicus curiae

“friend of the court” briefs submitted by parties who aren’t directly involved in the case but have an interest in the outcome and want to offer additional perspectives or information

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oral argument

a scheduled session during which lawyers present their arguments before the justices. justices often ask questions during the argument

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hearing

refers to presentation of arguments and evidence before the justices

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rule of four

requires at least four justices to agree to hear a case for it to be granted certiorari