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Adversarial judicial system
A system where two legal disputing parties present their cases and the court determines the winner.
Amicus Curiae brief
A brief filed by a non-party to influence the Supreme Court's decision.
Appellate Jurisdiction
Authority to review law interpretation and application in previous decisions.
Article I Courts
Courts created by Congress under constitutional authority to administer specific federal legislation.
Article III of the Constitution
Specifies the Supreme Court's original and appellate jurisdiction.
Attitudinal Model
Claims judicial decision-making is guided by individual judges' policy and ideological preferences.
Bench Memo
A summary of a case written by a justice's law clerk, outlining relevant facts and suggesting questions.
Bench Trial
A trial where the presiding judge decides on guilt or liability.
Beyond a Reasonable Doubt
The standard of proof the government must meet in criminal cases.
Cert Memo
Description of case facts and legal arguments, with a recommendation, written by a justice's law clerk.
Certiorari Petition
A petition submitted to the Supreme Court requesting review of a lower court's decision.
Civil Law
Deals with disputes between individuals, corporations, and governments over harms caused by actions or inactions.
Collegial Court
A court where judges evaluate a case together and reach a decision through compromise and negotiation.
Common Law
Judge-made law based on tradition and previous judicial decisions.
Concurring Opinion
An opinion agreeing with the majority decision but disagreeing with some legal interpretations or conclusions.
Constitutional Law
Law that comes out of court cases involving the interpretation of the Constitution.
Court of Last Resort
The highest court in a judicial system.
Courts of Appeal
Courts with authority to review and correct errors in the interpretation or application of law.
Criminal Law
Deals with conduct harmful to society, prosecuted and punished by the government.
Cult of the Robe
Trappings of judicial office that separate the judiciary from partisan politics.
Descriptive Representation
Ensuring governing bodies include representatives of major demographic groups in proportions similar to the population.
Discretionary Jurisdiction
The authority of a court to select the cases it will hear from all the cases appealed to it.
Dissenting Opinion
An opinion disagreeing with the majority's disposition and legal interpretations.
District Courts
Federal trial courts with mandatory jurisdiction.
Doctrine of Stare Decisis
A common-law doctrine directing judges to apply the rule of law used in earlier similar cases to the current case.
Dual Court System
The existence of 50 state judicial systems and one national judicial system.
Federal Courts of Appeals
Federal courts with mandatory appellate jurisdiction.
Judicial Activism
Judges willing to strike down laws and step away from precedents.
Judicial Independence
Insulating judges from the need to be accountable to voters or elected officials.
Judicial Restraint
Judges deferring to the elected legislative and executive branches.
Judicial Review
Court authority to determine if an action violates the Constitution.
Jury Trial
A trial where a group of people decides on guilt or liability.
Law
Rules established by government officials that bind governments and individuals.
Legal Model
Focuses on legal norms and principles in judicial decision making.
Life Term
Judicial appointment lasting until the judge dies.
Living Constitution
View that legal interpretation of the Constitution can adapt to changing social customs and norms.
Mandatory Jurisdiction
The requirement that a court hear all cases filed with it.
Marbury v. Madison
The first use of judicial review by the Supreme Court.
Original Jurisdiction
Judicial authority to hear cases for the first time and determine guilt or liability.
Originalism
View that the law should be interpreted based on its public understanding when written.
Penal Code
A state's criminal law compiled into one document.
Precedents
Previous cases with similar facts used to decide the legal dispute in a new case.
Preponderance of Evidence
The standard of proof used in civil cases, showing it is more likely than the harm claimed.
Rule of Four
The practice by which the Supreme Court justices decide to hear a case if four or more justices want to hear it.
Rule of Law
Belief that a country should be governed by consistently applied and legitimately adopted policies and statutes.
Senatorial Courtesy
The Senate's custom to not confirm a nominee if opposed by one or both senators from the nominee's home state.
Solicitor General
The person appointed to represent the federal government in all appeals before the Supreme Court.
Strategic Model
States that judges' primary guide is their individual policy preferences, tempered by institutional factors and concern over the legitimacy of the court system.
Substantive Representation
Assumption that a government official will best serve the concerns of the group to which he or she belongs.
Symbolic Representation
Diversity among government officials as an indication of equal opportunity to influence government.
Tort
A situation when a person's body or property is harmed by another person's negligence or wrongful act.
Trial Court
A court with original jurisdiction that decides guilt or liability based on presented facts.
U.S. Code
A compilation of all the laws passed by the U.S. Congress.
U.S. Supreme Court
The court of last resort for conflicts over the U.S. Constitution and national laws.
Writ of Certiorari
An order for a lower court to make available the records of a past case for review by a higher court.
