Judiciary Branch

Amicus Curiae brief

person who isn’t a party to a case

Appellate jurisdiction

the power of a higher court to hear appeals from a lower court

Attorney general

head of U.S. department of justice

Binding precedent

a legal rule or principle that must be followed by lower courts within its jurisdiction

Writ of Certiorari

a court process to seek judicial review of a decision of a lower court or government agency

Common law

the body of law created by judges

Concurring opinion

written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for their decision.

Dissenting opinion

an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

Diversity citizenship

when there is no common state citizenship between the plaintiffs and defendants in a suit

Dred Scott v Sandford

U.S. Constitution did not extend American citizenship to people of black African descent, and therefore they could not enjoy the rights and privileges the Constitution conferred upon American citizens.

Litmus test

a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

Majority opinion

a judicial opinion agreed to by more than half of the members of a court.

Original jurisdiction

the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.

Per curiam opinion

decision or opinion is one that is not authored by or attributed to a specific judge, but rather to the entire court or panel of judges who heard the case

Persuasive precedent

a legal decision that a court can consider when making a ruling, but it is not required to follow it

Petition for certiorari

a petition that asks an appellate court to grant a writ of certiorari

Plea bargain

an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere.

Precedent

Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts

Respondent

a defendant in a lawsuit, especially one in an appeals or divorce case.

Rule of four

US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari.

Senatorial courtesy

a long-standing, unwritten, unofficial, and nonbinding constitutional convention in the U.S. describing the tendency of U.S. senators to support a Senate colleague opposing the appointment to federal office of a nominee from that senator's state.

Special legislative courts

hear only certain types of cases

Stare decisis

holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases

Strict constructionist

1. a literal interpretation of a statute or document by a court.

Supreme Court

the highest judicial court in a country or state.

U.S. Circuit Court of Appeals

They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States.

U.S. District Courts

The United States district courts are the trial courts of the U.S. federal judiciary.