Chapter 14- Subrem Court Flashcards
Jurisdiction
The authority of a court of law to hear and decide a case
Advisory opinions
Opinions which the Supreme Court can not give on any question or hypothetical question posed by the president. These questions are instead answered by the Attorney General
Case or controversy principle
The principle that the federal courts issue rulings and opinions only as they are necessary to resolve real cases or controversies between adverse parties
Standing
One may not invoke the jurisdiction of a federal court without it. A part must have suffered, or be about suffer, an injury (physical, economic, mental or otherwise) to have standing.
Doctrine of political questions
The doctrine that cases may be dismissed if the issues they present are regarded as extremely political in nature. Does not work at all because any case posed to a federal court is inherently political.
Doctrine of stare decisis (stand by decided matters)
Refers to the fact that American courts rely heavily on precedent. One of the fundamental doctrines of federal courts.
Affirm
What the supreme court does when it upholds a decision of a lower court
Reverse/reversal
What the supreme court does when it overturns a decision of a lower court
Opinion
A Supreme Court justice’s explanation and justification for a decision. Must be written after a decision
Opinion of the Court/Majority opinion when Court is not unanimous
A coherent statement of the Court’s position to the parties, the lower courts, and the legal and political world which is published after a decision.
Concurring opinion
One written in support of the Court’s decision.
Dissenting opinion
One written in disagreement with the Court’s decision.
Certiorari
Granted in writs. The main way in which cases are brought before the Supreme Court. Granted at the Court’s discretion. The losing part in a lower court may apply for a writ of certiorari from the Supreme Court as long as the case involves a substantial federal question and the party seeking review has exhausted all other avenues of appeal.
Rule of four
The affirmative vote of at least four justices that a writ of certiorari requires in order to be granted.
Briefs
Written documents containing legal arguments in support of a party’s opinion.
Amicus curiae briefs
Amicus briefs are filed on behalf of organized groups that have an interest in the outcome of a case.
Oral argument
A public hearing where lawyers for both sides appear before the Court to make verbal presentations and, more importantly, answer questions from the bench.
Blocs
What a group of justices that routinely votes the same way is called.
Judicial activism
When a justice is performing when they support the expansion of the Supreme Court’s jurisdiction and powers and when they embrace innovative constitutional doctrines.
Judicial restraint
When a justice operates within the historical precedent for their post.
Plaitiff
The party who files a complaint alleging wrongdoing on the part of a defendant
Defendant
The party being alleged of wrongdoing by the plaintiff. Must either admit to the wrong or defend against the accusation.
Civil case
Begins when a plaintiff brings a lawsuit, usually seeking monetary damages that occurred as the result of the defendant’s actions.
Criminal case
Begins when the government prosecutes someone for allegedly committing a crime.
