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District Courts
The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.
Circuit Court of Appeals
Courts created to have appellate jurisdiction over federal district courts and state supreme courts. There are 12 circuit courts in the US and each comprise a panel of judges to review and rule on a case heard in the aforementioned courts.
Certiorari
Supreme Court's decision to hear an appeal on a particular case
Original jurisdiction
the authority to hear cases for the first time; Supreme court has original jurisdiction in cases over ministers of state and where 2 states are party to a suit.
Legal Standing
Must have something to gain or lose from the lawsuit's outcome in order to file a lawsuit.
amicus curiae
A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.
Judicial activism
Idea that the Supreme Court should apply the values of the Constitution, laws of Congress, and precedents to current circumstances, not limited to the precise meaning of the language at the time it was crafted.
Judicial restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended or what they understood their words to mean at the time.
Majority Opinion
a statement that presents the views of the majority of supreme court justices regarding a case
Dissenting opinion
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
Concurring opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Stare decisis
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.
Justiciable disputes
a requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies
class action suits
Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.
Judicial review
review by the US Supreme Court of the constitutional validity of a legislative act.
Civil law
A law that governs relationships between individuals and defines their legal rights.
Criminal Law
A law that defines crimes against the public order.
Injunction
an authoritative command or order
Plaintiff
a person who brings a case against another in a court of law.
Federal Crime
a crime that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property.
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.
Defendant
an individual or group being sued or charged with a crime
Solicitor General
A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government.
Precedent
an example that may serve as a basis for imitation or later action
In forma pauperis
a petition that allows a party to file "as a pauper" and avoid paying Court fees
Docket
a court's calendar, showing the schedule of cases it is to hear
Appellate Jurisdiction
The authority of a court to review decisions made by lower courts
Treason
the crime of betraying one's country
Federalist 78
written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions
Attorney General
the head of the department of justice; top law enforcement officer in the United States or respective states.
Common Law
a system of law based on precedent and customs
John Marshall
American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.
Strict Constructionist
a person who interprets the Constitution in a way that allows the federal government to take only those actions the Constitution specifically says it can take
Loose Constructionist
A person who interprets the Constitution in a way that allows the federal government to take actions that the constitution does not specifically forbid it from taking
Warren Court
the Supreme Court during the period when Earl Warren was chief justice, noted for its activism in the areas of civil rights and free speech; Brown vs Board of Ed; Miranda v Arizona
Rehnquist Court
1980s to 2000s: A more conservative court, but also sharply divided 5-4. Begins to allow restrictions to abortions and more skeptical of government regulations, affirmative action, and other federal powers.
John Roberts
Current Chief Justice of the Supreme Court; Conservative ideologically, though he moderates that in his attempts to preserve the institution of the Supreme Court
Sandra Day O'Connor
First Female Associate Justice of the Supreme Court; Swing vote for much the the 1990s.
Antonin Scalia
Supreme Court Associate Justice 1986-2016. Very influential in the advancement of "textualism", a very strict form of judicial restraint/ conservatism.
Ruth Bader Ginsburg
Associate Justice of the Supreme Court, 1993-2020. Very influential prior to and during SC term in the advancement of equal rights for women.
Neil Gorsuch
Nominated by DJT in 2017. Adheres to the judicial philosophies of Originalism (for the Constitution) and Textualism (for statutes), meaning he focuses on the ordinary, historical meaning of the words themselves.
Brett Kavanaugh
A conservative appointed by DJT in 2018. An Originalist and Textualist, he interprets legal texts based on their plain, historical meaning. Known for his commitment to judicial restraint, his support for a strong executive branch and a limited administrative agency power, and his expansive views on religious liberty.
Clarence Thomas
Longest-serving current justice and a pivotal figure of the conservative judicial movement. His commitment to Originalism is rigorous, often leading him to advocate for overturning landmark precedents and challenging federal authority. His opinions shape key areas like free speech, gun rights, and the rejection of affirmative action.
Samuel Alito
Key conservative voice, noted for his consistency and strong views on religious freedom and limiting federal power. His most significant impact is authoring the Dobbs decision, which overturned Roe v. Wade, marking a massive shift in constitutional law and reinforcing the Court's conservative majority.
Sonia Sotomayor
First Hispanic Justice and a key leader of the Court's liberal wing. Her philosophy is characterized by a commitment to pragmatism and the consideration of a ruling's real-world impact on vulnerable populations. She is a powerful defender of civil liberties and affirmative action, often expressing her views through memorable and passionate dissents.
Elena Kagan
A key liberal voice known for her pragmatism and commitment to the institutional integrity of the Court. Uniquely, she was the first female Solicitor General and the only justice at the time of her confirmation without prior judicial experience, bringing a strong background in political process and administrative law to the bench.
Amy Coney Barrett
Her appointment instantly solidified the Court's conservative supermajority. Her judicial approach is defined by rigorous Originalism/Textualism, reflecting her academic expertise from her long tenure as a distinguished Notre Dame Law professor. Her votes have been crucial in major shifts regarding abortion rights (Dobbs) and religious liberty, and she is expected to continue challenging the power of federal agencies.
Ketanji Brown Jackson
A groundbreaking figure, being the first Black woman and the first former federal public defender on the Court. She is a dedicated liberal voice focused on equal justice and access to courts for all. Her unique background gives her a distinctive perspective on criminal justice issues, which is often reflected in her opinions and dissents.