Federal Courts Vocab

Amicus curiae

Legal briefs submitted by a 'friend of the court' for the purpose of influencing a court’s decision by raising additional points of view and presenting information not contained in the briefs of the formal parties.

Appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts; these courts do not review the factual record, only the legal issues involved.

Burger Court

The Supreme Court under Chief Justice Warren E. Burger (1969–1986), noted for decisions on school busing, abortion (Roe v. Wade), and other social issues.

Concurring opinion

A separate opinion by one or more justices who agree with the majority’s conclusion but offer different or additional legal reasoning.

Constitutional courts

Federal courts established under Article III of the U.S. Constitution, which includes the Supreme Court, Courts of Appeals, and District Courts.

Criminal law

The body of law defining offenses against the public order and prescribing punishments for those offenses.

Dissenting opinion

An opinion written by one or more justices who disagree with the majority decision in a case.

Judicial activism

An approach to decision-making in which judges sometimes make bold policy decisions, even charting new constitutional ground.

Judicial restraint

An approach to decision-making in which judges play minimal policymaking roles and defer to legislatures whenever possible.

Judiciary committee

A Senate committee responsible for holding hearings and evaluating judicial nominees before they go to the full Senate for a confirmation vote.

Litigation

The process of resolving disputes or enforcing legal rights through the court system.

Majority opinion

The official statement of the court’s ruling, reflecting the view of the majority of justices on a case.

Marshall Court

1801 to 1835, when John Marshall served as Chief Justice; established the Supreme Court as a major force in the federal government.

McCulloch v. Maryland

An 1819 Supreme Court decision that established the supremacy of the national government over state governments.

Minority opinion

Another term for a dissenting opinion or the viewpoint held by fewer justices than the majority in a court decision.

Oral argument

The spoken presentations made by attorneys to an appellate court or the Supreme Court, highlighting legal reasons to rule for their side.

Original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial; these courts determine the facts about a case.

Precedent

How similar cases have been decided in the past.

Rehnquist Court

The Supreme Court under Chief Justice William H. Rehnquist (1986–2005), noted for a more conservative shift in constitutional interpretations. McConnell v. FEC which limited donations and Rehnquist court was in favor of free speech.

Senate confirmation

The process by which the U.S. Senate approves or rejects presidential appointments, including federal judges and Supreme Court justices.

Special courts

Courts created by Congress for specialized purposes to serve specific populations outside the general judicial framework.

Stare decisis

A Latin phrase meaning 'let the decision stand'; most cases reaching appellate courts are settled on this principle.

Unanimous opinion

Complete agreement in a decision made by multiple individuals or parties.

Warren Court

The Warren Court is known for its liberal ideology and landmark decisions that expanded civil rights, civil liberties, and judicial power.

Writ of Certiorari

A legal document that asks a higher court to review a lower court's decision.