Unit 6. Article III: The Federal Judiciary (Vocabulary)

acquittal n.

The decision resulting from finding the accused "not guilty". The court thus acquits v. the defendant

advisory opinion n.

The adj. here comes from advice n.[U]. US courts do not give advice when there is no concrete case to decide. 

appellant n

The person who appeals a court decision. Note the spelling.

appellee n.

The person appealed against. To pronounce the word, put stress on the first and third syllables.

appellate jurisdiction n.[U]

The authority to hear cases on appeal. The USSC and the US circuit courts have appellate jurisdiction

bring v.t. an action (against sb)

One could also say "take sb to court". The expression could be used for a civil or a criminal action, but for a criminal case "prosecute sb" is more commonly found.

claim n.

This word for a civil action suggests both a declaration and a demand. In a different context, pioneers traveled west in North America and made claims to the land on which they settled: they declared the right to own it. 

concurrent jurisdiction n.[U]

Two courts or court systems with concurrent jurisdiction have equal authority to decide given cases. In other contexts, "concurrent" often means "existing or acting together", from concur v.i., which can also mean "agree".

defendant n.

The term can apply to the accused in a criminal trial or to the party against whom a civil action is brought.

discretionary adj.

Left to one's choice or judgment. SC justices may grant or deny cert at their discretion n.

diversity n.[U] of citizenship

The fact that parties in a civil suit are citizens (residents) of different states. 

error of law n.

A mistake made in interpreting or applying the law in a case does not call the facts of the case into question. Different from, and can lead to, a miscarriage n. of justice, when a court fails to come to a just conclusion.

evidence n.[U]

Evidence is not quite the same as proof n.[U].  Each side in a case presents evidence in the hope that it will be considered factual proof by the jury or judge.

file v.t.

To submit and register (a legal document). Other definitions are quite different, as for the noun.

findings n. of facts

After both sides have presented evidence at trial, the jury chooses all the details it considers to be true and factual to determine the verdict. The results, what the jury has found to be true, are its findings.

judicial activism n.[U]

This term would infer that a federal court decision interpreted the Constitution in a highly flexible manner. It is often used pejoratively, to imply that judges have ruled on the basis of political considerations rather than the law.

judicial restraint n.[U]

This term would infer that a federal court decision interpreted the US Constitution in a limited manner, which avoided giving the decision too much impact.

judicial review n.[U]

In the US, the examination by a court of an act of the legislative or executive branch (federal or state) to determine whether or not the act conforms to the US Constitution. 

Judiciary n.[capitalized]

The judicial branch of government. Note that noun and adj. are different

jurisdiction n.[U]

Judicial power or authority. A court has jurisdiction in defined areas. 

justice n.

Referring to a person, the term is usually used for a judge of high rank.

lawsuit n.

A civil action. The term derives from "suit at law" and the verb "sue".

life tenure n.[U]

The right to hold a position or office for life.

litigant n.

A party in a civil action

litigation n.[U]

A legal conflict in court. This can refer to lawsuits in general or to the idea of one lawsuit, as in "He is involved in litigation."

opinion n.

A SC decision is based on the opinion of the majority of justices. (cf. plurality, concurring, and dissenting opinions, also published.)

oral argument n

Each side in a Supreme Court hearing is allowed 30 minutes to argue its case.

original jurisdiction n.[U]

The power of a court to hear (try) a case for the first time.

petition n. for a writ of certiorari

A formal letter submitted by a party (petitioner here), seeking review of its case by asking the USSC to grant a writ (a kind of order) that would instruct the lower court to transmit the case. 

plaintiff n

The party that brings a civil action against another.

precedent n

The rule of law (in a court decision) that must be followed by other courts under certain conditions.

preside over v.t

To lead; however, note that the Chief Justice’s vote carries no more weight than that of any other justice.

respondent n

This is the equivalent of the appellee in some circumstances, as in certiorari cases.

rule of four n.

The rule that the Supreme Court will grant a writ of certiorari only if four of the nine justices are in favor of hearing a case submitted by petition. Another SC rule is that a quorum of six justices is required to render a decision.

ruling n

A judicial decision/ judgment. A judge rules v., or judges rule, in a case. 

stare decisis Latin

The concept connected to legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.

subject-matter jurisdiction n

A court's power or authority to hear certain types of cases.

sue v.t.

To bring an action against (sb)

suit n

A civil action, lawsuit

trial n

The process of examining and deciding a case at first instance in a court. 

try v.t. a case

A civil or criminal case is tried, in the sense of being tested for the facts, when it is examined and decided by a court at first instance. In a criminal case only, it can also be said that the court tries the defendant, that the accused is tried. Another verb is used more broadly (original and appellate jurisdiction): "A court hears a case." 

writ of certiorari n.

When an appellate court decides to review a case, normally at their discretion.