POLS Chapter 14

Appellate jurisdiction

The authority of a given court to review cases that have already been tried in lower courts.

Concurring opinion

A separate opinion written by a Supreme Court justice who votes with the majority but disagrees with the reasoning.

Decision

A vote of the Supreme Court indicating which party the justices side with and by how large a margin.

Dissenting opinion

The opinion of a justice that explains their reasons for disagreeing with the majority’s decision.

Facts

The relevant circumstances of a legal dispute as determined by a trial court.

Judicial activism

The doctrine that courts should develop new legal principles in response to a compelling need.

Judicial restraint

The doctrine that the judiciary should defer to precedent and the judgment of legislatures.

Judicial review

The power of courts to declare governmental actions null and void if they exceed constitutional powers.

Jurisdiction

A given court’s authority to hear cases of a particular kind.

Living constitution theory

The theory that constitutional provisions should be applied in context of today’s society.

Majority opinion

A court opinion that results when a majority of justices agrees on the legal basis of a decision.

Opinion

A court’s written explanation of its decision to inform others of the legal basis for the decision.

Original jurisdiction

The authority of a given court to be the first to hear a case.

Originalism theory

The theory that the meaning of constitutional provisions is fixed at the time of their writing.

Plurality opinion

A court opinion where a majority of justices agree on a decision but not on the legal basis.

Per curiam opinion

An unsigned decision written for the U.S. Supreme Court as a whole.

Precedent

A judicial decision that serves as a rule for settling similar subsequent cases.

Rule of four

For a case to be accepted by the U.S. Supreme Court, at least four justices must agree to hear it.

Writ of certiorari

Permission granted by a higher court for a losing party to bring a case for a ruling.