Ch 12 VOCAB Flashcards
amicus curiae
Latin for “friend of the court,” referring to persons, government agencies, or groups that are not parties to a case but nonetheless have an interest in its outcome and that make their views known by filing an ____ ____ brief with the court hearing the case
appellate jurisdiction
includes cases a court receives from lower courts–congress defines the ____ ____ of the U.S. Supreme Court
briefs
documents filed with a court containing the arguments of the parties in a case
case
a controversy to be decided by a cour
civil case
noncriminal legal action, such as divorces or attempts to recover damages following an automobile accident
concurring opinion
a statement issued separately by a judge voting with the majority
court of last resort
the highest court within a particular judicial system, such as a state supreme court, to which a litigant may appeal a case
courts of general jurisdiction
the basic unit of a court system, receiving appeals from courts of limited jurisdiction and serving as trial courts for serious criminal offenses and civil suits involving substantial amounts of money
courts of limited jurisdiction
the lowest-level court in a state’s judicial system that hears particular kinds of cases involving small claims, traffic violations, and minor criminal infractions
crime
a public wrong; an offense, such as murder, against society at large–even though it may have been committed against only a single individual
criminal case
judicial proceedings that the government begins against an individual following commission of a crime
dissenting opinion
a statement issued by a judge explaining his or her disagreement with the majority position
Eleventh Amendment
the first reversal of a Supreme Court decision [Chisholm v. Georgia, 2 U.S. (2 Dallas) 419 (1793)] by constitutional amendment, denying federal courts jurisdiction in suits against a state brought by citizens of another state or a foreign country
federal courts
the courts of the United States, as distinguished from the courts of the fifty states
federal question
an issue that involves the interpretation of the Constitution or a statute or a treaty of the United States
intermediate appellate courts
courts between courts of general jurisdiction and the court of last resort; in the federal court system, the courts of appeals
judicial activists
judges who are least hesitant to invoke judicial review to strike down an act of Congress or of a state legislature
judicial restraintists
judges who are reluctant to invoke judicial review to strike down an act of Congress or of a state legislature
judicial review
the authority of courts to set aside a legislative act as being in violation of the Constitution
jurisdiction
authority of a court or other agency to act
legislative intent
a legislature’s understanding of the meaning of a law and what it is designed to accomplish
Missouri Plan
method of selecting state judges, involving appointment from a list of recommended nominees and a later retention vote by the electorate
opinion of the Court
statement representing the views of a majority of the judges of the Court
oral argument
event in which opposing counsel verbally present their views to the court during the decision making process of a court
original jurisdiction
authority of a court over cases that begin in that court, such as courts of general jurisdiction having ____ ____ over most criminal offenses–the ____ ____ of the U.S. Supreme Court is very small
precedents
prior decisions of courts that are cited as authority by other courts
rule of four
procedure of the U.S. Supreme Court by which the affirmative votes of four justices are needed to accept a case for decision
senatorial courtesy
custom in the Senate to reject, for federal office, a nominee who is unacceptable to a senator from the nominee’s state when the senator and president are of the same party
Solicitor General of the United States
in the Supreme Court, the lawyer for the United States who decides which cases the government will appeal to the Supreme Court
stare decisis
a legal doctrine that suggests courts should follow precedent as a general rule, breaking with previously legal principles only on rare occasions
state courts
courts of the fifty states, as opposed to the federal or national courts
trial court
a court of limited or general jurisdiction in which the disputed facts of a case are heard and decided
United States courts of appeals
intermediate appellate courts in the federal court system, just below the Supreme Court
United States district courts
trial courts in the federal court system in which almost all federal cases begin; courts of general jurisdiction
United States Reports
the official, published decisions of the United States Supreme Cour
writ of certiorari
a petition for review by a higher court, this is the most common route for an appeal to reach the Supreme Court
