Con Law Supreme Court Cases Vocab

"v."

versus

Justices must...

....either write an opinion or join one written by someone else.

Majority Opinion

When 5/9 justices agree on outcome AND reasoning

Holding

Legal conclusion reached in a case following the "facts"

Narrow Holding

states the facts in very specific terms so that the holding will apply to a narrow range of cases

Broad Holding

states the facts in very general terms so that the holding will apply to a wider range of cases

Supreme court is not bound by its own...

..precedent (lower courts)

Issue

The topic in which the justices are deciding on

Legal Argument

Reasoning presented to support a legal position.

Dissenting Opinion

a signed opinion in which one or more justices disagree with the majority view

Concurring Opinion

a signed opinion in which one or more members agree with the majority view but for different reasons

Legal Background

what law applies, the abirtration alternative , conflicting ideologies, financing international trade

Plaintiff

Person who filed the legal action

Defendant

Person who defends the action

Criminal case

accuses the defendant of violating a written law

Civil case

accuses the defendant of violating a legal duty (lawsuit)

prosecutor

a person, especially a public official, who institutes legal proceedings against someone.

indictment

the act of accusing; a formal accusation

appeal

apply to a higher court for a reversal of the decision of a lower court.

public defender

attorney who works for the state and defends people who cannot afford a private attorney

oral argument

the specified time for a side to make their case while receiving questions from the judges

briefs

written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

certiorari

an order by which a higher court reviews a decision of a lower court

originalist

an approach to constitutional interpretation that says the constitution means the same thing today as it did when it was drafted in the summer of 1787

constitutionalist

an approach to constitutional interpretation that takes science and morality since 1791 into account