Topic: 2.10 - Vocabulary

Strict constructionism

A legal interpretation approach that emphasizes sticking to the literal wording of the Constitution and laws, without considering implied meanings or intentions.

Loose constructionism

Judicial interpretation that allows for a flexible interpretation of the Constitution, granting broader powers to the federal government.

Concurring opinion

It is a written explanation by a judge who agrees with the majority decision of a court, but for different reasons. It provides an alternative perspective or legal reasoning to support the outcome.

Dissenting opinion

A written opinion by a judge or justice who disagrees with the majority decision reached by the court. It presents an alternative viewpoint and may outline the reasons for disagreement. It can help shape future legal interpretations and provide a basis for potential challenges to the majority decision.

Majority opinion

The written explanation of the decision reached by the majority of judges in a court case. It sets a precedent and becomes the official ruling of the court.

Petition for certiorari

It is a document filed with a higher court, typically the Supreme Court, requesting the court to review a lower court's decision. It outlines the legal issues and argues why the case should be heard.

Rule of four

It refers to the requirement that at least four Supreme Court justices must agree to hear a case before it can be granted a writ of certiorari and be added to the Court's docket. This rule helps ensure that the Court's agenda is not dominated by the preferences of a small number of justices.

Jurisdiction

The authority of a court to hear and decide a case. Determined by factors such as geographic location, subject matter, and the parties involved.

Original jurisdiction

The authority of a court to hear a case for the first time, rather than on appeal.

Appellate jurisdiction

The authority of a higher court to review and revise decisions made by lower courts.

Concurrent jurisdiction

It refers to a situation where multiple courts have the authority to hear and decide a case. This occurs when both federal and state courts have the power to handle a particular legal matter.

U.S. District Courts

Trial courts of the federal judicial system, with original jurisdiction over federal civil and criminal cases. Divided into 94 districts across the United States, each with at least one district court. Handle a wide range of cases, including violations of federal law, constitutional issues, and disputes between parties from different states.

U.S. District Courts of Appeals

• Intermediate federal courts below the Supreme Court

• Hear appeals from U.S. District Courts

• Review decisions for errors of law, not fact

• Decisions can be binding or persuasive

• Consist of multiple judges (panels)

• Serve as final appellate courts for some cases

• 13 circuits covering different regions of the country

• Decisions can be appealed to the Supreme Court

Life Tenure

Judicial practice where judges serve on the bench for their entire lives, ensuring independence from political pressures and maintaining stability in the legal system.