Federal Courts Vocab

Amicus curiae: Legal briefs submitted by a “friend of the court” for the purpose of influencing a court’s decision by raising additional points of view and presenting information not contained in the briefs of the formal parties.
Appellate jurisdiction: The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Burger Court: The Supreme Court under Chief Justice Warren E. Burger (1969–1986), was noted for decisions on school busing, abortion (Roe v. Wade), and other social issues. Transitional period between the liberal Warren Court and the more conservative Rehnquist Court.

Concurring opinion: A separate opinion by one or more justices who agree with the majority’s conclusion but offer different or additional legal reasoning.

Constitutional courts: The body of law defining offenses against the public order and prescribing punishments for those offenses. Federal courts are established under Article III of the U.S. Constitution, which includes the Supreme Court, Courts of Appeals, and District Courts.

Criminal law: The body of law defining offenses against the public order and prescribing punishments for those offenses.

Dissenting opinion: An opinion written by one or more justices who disagree with the majority decision in a case.

Judicial activism: An approach to decision-making in which judges sometimes make bold policy decisions, even charting new constitutional ground.

Judicial restraint: An approach to decision-making in which judges play minimal policymaking roles and defer to legislatures whenever possible.

Judiciary committee: A Senate committee responsible for holding hearings and evaluating judicial nominees before they go to the full Senate for a confirmation vote.

Litigation: The process of resolving disputes or enforcing legal rights through the court system.

Majority opinion: The official statement of the court’s ruling, reflecting the view of the majority of justices on a case.

Marshall Court: 1801 to 1835, when John Marshall served as Chief Justice. The Court's decisions during this time established the Supreme Court as a major force in the federal government and increased the power of the judicial branch. Notable cases: Marbury v. Madison, Gibbons v. Ogden.

McCulloch v. Maryland: An 1819 Supreme Court decision that established the supremacy of the national government over state governments. The Court, led by Chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution.

Minority opinion: Another term for a dissenting opinion or the viewpoint held by fewer justices than the majority in a court decision.

Oral argument: The spoken presentations made by attorneys to an appellate court or the Supreme Court, highlighting legal reasons to rule for their side.

Original jurisdiction: The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

Precedent: How similar cases have been decided in the past.

Rehnquist Court: The Supreme Court under Chief Justice William H. Rehnquist (1986–2005), noted for a more conservative shift in constitutional interpretations. Promoted New Federalism, giving states more power.

Senate confirmation: The process by which the U.S. Senate approves or rejects presidential appointments, including federal judges and Supreme Court justices.

Special courts: Courts created by Congress for specialized purposes to serve specific populations (e.g., Tax Court, Court of Federal Claims, Military Court) outside the general judicial framework.

Stare decisis: A Latin phrase meaning “let the decision stand.” Most cases reaching appellate courts are settled on this principle.

Unanimous opinion: complete agreement in a decision made by multiple individuals or parties

Warren Court: The Warren Court is known for its liberal ideology and landmark decisions that expanded civil rights, civil liberties, and judicial power. Brown v. Board, ended voluntary prayer, and established one man one vote.

Writ of Certiorari: a legal document that asks a higher court to review a lower court's decision. The term comes from the Latin phrase certiorari, which means "to be more fully informed".