Chapter 14: The Federal Judicial System: Applying the Law

Question 1

Jurisdiction

Answer 1

A given court’s authority to hear cases of a particular kind. Jurisdiction may be original or appellate. (See also “appellate jurisdiction;” “original jurisdiction.”)

Question 2

Original jurisdiction

Answer 2

The authority of a given court to be the first court to hear a case. (See also “appellate jurisdiction.”)

Question 3

Appellate jurisdiction

Answer 3

The authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party; such a court is called an appeals court or appellate court. (See also “original jurisdiction.”)

Question 4

Rule of four

Answer 4

A Supreme Court rule whereby, when a losing party appeals a lower-court ruling, the case is accepted by the Supreme only if at least four justices agree to hear it.

Question 5

Writ of certiorari

Answer 5

Permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; when such a writ is requested of the U.S. Supreme Court, four of the Court’s nine justices must agree to accept the case before it is granted certiorari.

Question 6

Decision

Answer 6

A vote of the Supreme Court in a particular case that indicates which party the justices side with and by how large a margin.

Question 7

Opinion

Answer 7

A court’s written explanation of its decision, which informs others of the legal basis for the decision. Supreme Court opinions are expected to guide the decisions of lower courts. (See also “concurring opinion;” “dissenting opinion;” “majority opinion;” “plurality opinion.”)

Question 8

Majority opinion

Answer 8

A court opinion that results when a majority of the justices are in agreement on the legal basis of the decision. (See also “concurring opinion;” “dissenting opinion;” “plurality opinion.”)

Question 9

Plurality opinion

Answer 9

A court opinion that rests when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called a plurality opinion. (See also “concurring opinion;” “dissenting opinion;” “majority opinion.”)

Question 10

Concurring opinion

Answer 10

A separate opinion written by a Supreme Court justice who votes with the majority in the decision on a case but who disagrees with the reasoning. (See also “dissenting opinion;” “majority opinion;” “plurality opinion.”)

Question 11

Dissenting opinion

Answer 11

The opinion of a justice in a Supreme Court case that explains his or her reasons for disagreeing with the majority’s decision. (See also “concurring opinion;” “majority opinion;” “plurality opinion.”)

Question 12

Per curiam opinion

Answer 12

An unsigned decision written for the court as a whole.

Question 13

Facts

Answer 13

The relevant circumstances of a legal dispute or offense as determined by a trial court. The facts of a case are crucial because they help determine which law or laws are applicable in the case.

Question 14

Precedent

Answer 14

A judicial decision that serves as a rule for settling subsequent cases of a similar nature.

Question 15

Judicial review

Answer 15

The power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void.

Question 16

Judicial restraint

Answer 16

The doctrine that the judiciary should broadly defer to precedent and the judgment of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities. (See also “judicial activism.”)

Question 17

Judicial activism

Answer 17

The doctrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with precedent or the policy decisions of elected officials. (See also “judicial restraint.”)