Chapter 15: The Judiciary Flashcards
PRECEDENT
A court rule bearing in subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
COMMON LAW
Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common on the nation.
STARE DECISIS
To stand on decided cases; the judicial policy of following precedents establishing by past decisions.
CASE LAW
The rules and principles announced in court decisions. Case law includes judicial interpretations of common law principles and doctrines as well as interpretation of constitutional law, statutory law, and administrative law.
JURISDICTION
The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdiction factors.
FEDERAL QUESTION
A question that pertains to the U. S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.
DIVERSITY OF CITIZEN
A basis for federal court jurisdiction over a lawsuit that involves citizens of different states or (more rarely) citizens of a U.S. State and citizens or subjects of a foreign country. The amount in controversy must be at least $75,000 before a federal court can take jurisdiction in such cases.
JUSTICIABLE CONTROVERSY
An actual dispute that raises questions about the law and that is appropriate for resolution before a court.
TRIAL COURT
The court in which most cares usually begin and in which questions of fact are examined.
GENERAL JURSIDICTION
Exists when a court ‘s authority to hear cases is not significantly restricted. A court of general jurisdiction normally can hear a broad range of cases.
LIMITED JURISDICTION
Exists when a court’s authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.
APPELLATE COURT
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
LITIGATE
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
AMICUS CURIAE BRIEF
A brief ( a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, or amicus curiae (Latin for “friend of the court”), who is not directly involved in the litigation but who has an interest in the outcome of the case.
CLASS-ACTION SUIT
A lawsuit filed by an individual seeking damages for “all persons similarly situated.”
WRIT OF CERTIORARI
An order issued by a higher court to a lower court to send up the record of a case for review. It is the principal vehicle for United States Supreme Court review.
RULE OF FOUR
A United States Supreme Court procedure requiring four affirmative votes to hear the case before the full Court.
ORAL ARGUMENTS
The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client’s favor.
OPINION
The statement by a judge or a court of the decision reached in a case tried or argued before it. The opinion sets forth the law that applies to the case and details the legal reasoning on which the ruling was based.
AFFIRM
To declare that a court ruling is valid and must stand.
REVERSE
To annul or make void a court ruling on account of some error or irregularity.
REMAND
To send a case back to the court that originally heard it.
UNANIMOUS OPINION
A court opinion or determination on which all judges agree.
MAJORITY OPINION
A court opinion reflecting the views of the majority of the judges.
CONCURRING OPINION
A separate opinion, prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
DISSENTING OPINION
A separate opinion in which a judge dissents from (disagree with) the conclusion reached by the majority on the court and expounds his or her own views about the case.
SENATORIAL COURTESY
In regard to federal district court judgeship nominations, a Senate tradition allowing a senator of the president’s political party to veto a judicial appointment in his or her state simply by indicating that the appointment is personally not acceptable. At that point, the Senate may reject the nomination, or the president may withdraw consideration of the nominee.
JUDICIAL ACTIVISM
A doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when Rhodes government bodies exceed their authority.
JUDICIAL RESTRAINT
A doctrine holding that the Supreme Court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches.
JUDICIAL IMPLEMENTATION
The way in which court decisions are translated into action.
POLITICAL QUESTION
An issue that a court believes should be decided by the executive or legislative branch.
