Judiciary Vocab (Chapter 14)

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

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

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

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

5. Class action suit - A lawsuit filed by an individual on behalf of a larger group or “class”

6. Common law - Laws based on judicial decisions rather than statutes

7. 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

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

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

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

11. General jurisdiction - A court’s authority to hear and decide a wide range of cases

12. 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

13. Judicial implementation - The way in which court decisions are made into actions

14. 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

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

16. Jurisdiction - The authority of a court to decide certain cases

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

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

19. Majority opinion - A court opinion reflecting the majority of the judges

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

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

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

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

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

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

26. 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

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

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

29. Strict construction - A restriction of judicial interpretation only to the exact wording of the law

30. Trial court - The court in which most cases begin

31. 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