010 F26 National Govt US Chapter 9

Administrative Law

A type of law pertaining to the rules made by bureaucrats and administrative agencies.

Amicus curiae (friend of the court) briefs

Briefs filled by parties that have an interests in the outcome of a case but are not directly involved in it

Appellate jurisdiction

The types of cases in which the Supreme Court reviews legal issues decided by a lower court

Civil law

A type of law that pertains to a dispute between two parties, at least one of which is a nongovernmental private party.

Concurring Opinion

An opinion that agrees with the outcome of a Supreme Court but for reasons different from those expressed in the majority opinion

Constitutional law

A type of law pertaining to the rules for our government expressed in the constitution

Criminal law

A type of law that pertains to violations of a code of behavior specified in local, state, and federal statues.

Dissenting Opinion

An opinion that disagrees with the winning side of a supreme court case and explains why

Interest-group litigation

The practice of interest groups arguing cases before the judiciary as a means of influencing public policy.

Judicial Activism

A conception of judicial review that believes courts should overturn laws or government actions even if there its no clear constitutional orders.

Judicial restraint

A conception of judicial review that believes courts should not overturn laws or government actions unless there Is a clear directive in the constitution.

Judicial review

The power of a court to overturn a law or official government action because it is deemed unconstitutional

Justiciable

The requirement that there must be an actual case or controversy between two parties for the federal judiciary to decide a case

Living constitution

A belief that the constitution should be interpreted to reflect contemporary times.

Majority opinion

The opinion reflecting the winning outcome of a Supreme Court case that is signed by at least a plurality of the justices

Mootness

An aspect of justiciability that requires that the conflict causing the case must still be germane; it could not have resolved itself on its own

Originalism

A belief that the constitution should be interpreted according to the intent of its authors.

Orignial jurisdiction

A defined set of cases that avoid a lower court and goes directly to the supreme court.

Precendent

A principle articulated in a previous case that judges use to decide current cases

Private law

A type of law that concerns disputes between individuals

Public law

A type of law in which that government is a party to the case

Senatorial courtesy

The practice whereby a president consults with senators in his party to find potential lower court vacancies that occur in the senators’ states

Solicitor general

A high ranking lawyer in the justice department who argues cases before the Supreme Court on behalf of the U.S government

Standing

An aspect of justiciability that requires the party bringing the case to show that the policy in question has caused it an injury

Stare Decisis

Courts must follow past decisions when they face the same or very similar legal issue

Statutory law

A type of law pertaining to rules made by legislatures, especially congress.

Writ of certiorari

A formal legal document filed by the losing party in a lower court case that asks the Supreme Court to hear an appeal.