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Adversary System
A judicial system which the court of law is a neutral arena where two parties argue their differences
Amicus Curiae Brief
Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case
Appellate Jurisdiction
The authority of a court to review decisions made by lower courts
Civil Law
A law that governs relationships between individuals and defines their legal rights
Concurring Opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
Court of Appeals
A court with appellate jurisdiction that hears cases from lower courts and reviews their decisions.
Criminal Law
A law that defines crimes against the public order
Defendant
In a criminal action, the person or party accused of committing a crime.
Dissenting Opinion
An opinion disagreeing with a majority in a Supreme Court ruling
District Courts
Courts in which criminal and civil cases are originally tried in the federal judicial system
Docket
The list of potential cases that reach the supreme court
In Forma Pauperis
A petition that allows a party to file ‘as a pauper’ and avoid paying Court fees; Gideon v. Wainwright
Judicial Activism
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
Judicial Restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
Judicial Review
The power of courts to assess whether a law is in compliance with the Constitution, established in Marbury v. Madison.
Justiciable Dispute
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
Opinion of the Court
An explanation of the decision of the Supreme Court or any other appellate court
Original Jurisdiction
The authority of a court to hear a case “in the first instance”
Plaintiff
The party instigating a civil lawsuit
Plea Bargain
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lessor offense to avoid having to stand trial for a more serious offense
Precedent
A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts
Prosecutor
Government lawyer who tried criminal cases, often referred to as a district attorney or a U.S. Attorney
Public Defender System
Arrangemnt whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys
Senatorial Courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work
Solicitor General
The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme CourtS
Stare Decisis
The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
Supreme Court
The court of last resort in the United States; It can hear appeals from federal circuit court or state high courts
U.S Attorney General
The chief law enforcement officer in the United States and head of the Department of Justice
Writ of Certiorari
A formal writ used to bring a case before the Supreme Court
Writ of habeas corpus
A court order requiring explanation to a judge why a prisoner is being held in custody
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