Judiciary Vocab (Chapter 14)

Affirm

To declare a court ruling as valid and that it must stand.

Appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Broad construction

A judicial philosophy that looks to the context and purpose of a law when making an interpretation.

Case law

Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.

Class action suit

A lawsuit filed by an individual on behalf of a larger group or 'class'.

Common law

Laws based on judicial decisions rather than statutes.

Concurring opinion

A separate opinion of a judge who agrees with the majority ruling but wants to clarify a specific point or disagree with the grounds on which the decision was made.

Dissenting opinion

A separate opinion of a judge who disagrees with the majority ruling and gives his/her views on the case.

Diversity of citizenship

When there is no common state citizenship between both parties of a lawsuit.

Federal question

A question regarding the Constitution, acts of Congress, or treaties.

General jurisdiction

A court’s authority to hear and decide a wide range of cases.

Judicial activism

A doctrine stating that the Supreme Court should take an active role in using its power to check other branches of government when those bodies exceed their power.

Judicial implementation

The way in which court decisions are made into actions.

Judicial restraint

A doctrine stating that the Supreme Court should defer to the decisions made by the elected representatives of the people in the executive and legislative branches.

Judicial review

The power of the Supreme Court or any court to hold a law or other legal action as unconstitutional.

Jurisdiction

The authority of a court to decide certain cases.

Limited jurisdiction

When a court’s authority to hear cases is restricted to certain types of claims such as tax claims or bankruptcy claims.

Litigate

To decide and settle in a court of law; to carry on a lawsuit.

Majority opinion

A court opinion reflecting the majority of the judges.

Opinion

The statement by a judge or a court of decision in a case.

Oral arguments

The verbal arguments presented in person by the attorneys to an appellate court.

Political questions

An issue that a court believes should be resolved by the executive or legislative branch.

Precedent

A court rule relying on subsequent legal decisions in similar cases.

Remand

To send a case back to the court that originally heard it.

Reverse

To annul a court ruling on account of some error or irregularity.

Rule of four

A Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.

Senatorial courtesy

In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his/her state.

Stare decisis

To stand on decided cases; the judicial policy of following precedents established by past decisions.

Strict construction

A restriction of judicial interpretation only to the exact wording of the law.

Trial court

The court in which most cases begin.

Unanimous opinion

A court opinion or determination on which all judges agree.

Writ of certiorari

An order issued by a higher court to a lower court to send up the record of a case for review.

Marbury v Madison 1803

The case that established the principle of judicial review

Article 3, Section 1

Where do federal courts derive their power from

Habeas corpus

the right of a detained person to challenge the legality of detention before a judge or other neutral party

Military Commissions Act of 2006

eliminated federal court jurisdiction over habeas corpus challenges by enemy combatants

Plaintiff

the person or organization that initiates the lawsuit

Defendant

the person or organization against whom the lawsuit is brought

Amicus curiae

an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case.

Civil contempt

failing to comply with a court’s order for the benefit of another party to the proceeding

Criminal contempt

obstructing the administration of justice or bringing the court into disrespect

Article 2, section 2

states that the president appoints the justices of the Supreme Court with the advice and consent of the Senate

Rucho v Common cause

the Court held that partisan gerrymandering is a political question, not one for the judiciary to decide

Public Opinion

Example of a check on the judiciary branch

Legislative check

When the legislature does not appropriate funds for a ruling to be to be carried out the court has been checked