Chapter 15 Vocab

Question 0

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 who has an interest in the outcome of the case.

Answer 0

Amicus Curiae Brief

Question 1

To declare that a court ruling is valid and must stand.

Answer 1

Affirm

Question 2

A court having jurisdiction and to review cases and issues that were originally tried in lower courts.

Answer 2

Appellate Court

Question 3

The rules and principles announced in court decisions.

Answer 3

Case law

Question 4

A lawsuit filed by an individual seeking damages for “all persons similarly situated.”

Answer 4

Class action suit

Question 5

Judge made law that originated in England from the decisions shaped according to prevailing custom.

Answer 5

Common Law

Question 6

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.

Answer 6

Concurring opinion

Question 7

A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her views about the case

Answer 7

Dissenting Opinion

Question 8

A basis for federal court jurisdiction over a lawsuit that involves citizens of different states or (more rarely) citizens of U.S. state and citizens or subjects of a foreign country.

Answer 8

Diversity of Citizenship

Question 9

A question that pertains to the U.S. Constitution, acts of Congress, or treaties.

Answer 9

Federal question

Question 10

Exists when a court’s authority to hear cases is not significantly recognized.

Answer 10

General jurisdiction

Question 11

A doctrine holding that the Supreme Court should take an active role in using its powers to check the activities of Congress, state legislators, and administrative agencies when those government bodies exceed their authority.

Answer 11

Judicial activism

Question 12

The way in which court decisions are translated into action.

Answer 12

Judicial implementation

Question 13

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.

Answer 13

Judicial restraint

Question 14

The authority of a court to decide certain cases.

Answer 14

Jurisdiction

Question 15

An actual dispute that raises questions about the law and that is appropriate for resolution before a court.

Answer 15

Justiciable controversy

Question 16

Exist when a court’s authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.

Answer 16

Limited jurisdiction

Question 17

To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.

Answer 17

Litigate

Question 18

A court opinion reflecting the views of the majority of the judges.

Answer 18

Majority opinion

Question 19

The statement by a judge or a court of the decision reached in a case tried or argued before it.

Answer 19

Opinion

Question 20

The verbal arguments presented in person by attorneys to an appellate court.

Answer 20

Oral arguments

Question 21

An issue that a court believes should be decided by the executive or legislative branch.

Answer 21

Political question

Question 22

A court rule bearing on subsequent legal decisions in similar cases.

Answer 22

Precedent

Question 23

To send the case back to the court that originally heard it.

Answer 23

Remand

Question 24

To annul or make void a court ruling on account of some error or irregularity.

Answer 24

Reverse

Question 25

The United States Supreme Court procedure requiring four affirmative votes to hear the case before the full-court.

Answer 25

Rule of four

Question 26

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.

Answer 26

Senatorial courtesy

Question 27

To stand on decided cases; the judicial policy of following precedents established by past decisions.

Answer 27

Stare decisis

Question 28

The court in which most cases usually begin and in which questions of fact or examined.

Answer 28

Trial court

Question 29

A court opinion or determination on which all judges agree.

Answer 29

Unanimous opinion

Question 30

An order issued by a higher court to a lower court to send up the record of a case for review.

Answer 30

Writ of Certiorari