Chapter 15 Vocab Flashcards
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.
Amicus Curiae Brief
To declare that a court ruling is valid and must stand.
Affirm
A court having jurisdiction and to review cases and issues that were originally tried in lower courts.
Appellate Court
The rules and principles announced in court decisions.
Case law
A lawsuit filed by an individual seeking damages for “all persons similarly situated.”
Class action suit
Judge made law that originated in England from the decisions shaped according to prevailing custom.
Common Law
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.
Concurring opinion
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
Dissenting Opinion
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.
Diversity of Citizenship
A question that pertains to the U.S. Constitution, acts of Congress, or treaties.
Federal question
Exists when a court’s authority to hear cases is not significantly recognized.
General jurisdiction
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.
Judicial activism
The way in which court decisions are translated into action.
Judicial implementation
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 restraint
The authority of a court to decide certain cases.
Jurisdiction
An actual dispute that raises questions about the law and that is appropriate for resolution before a court.
Justiciable controversy
Exist when a court’s authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.
Limited jurisdiction
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
Litigate
A court opinion reflecting the views of the majority of the judges.
Majority opinion
The statement by a judge or a court of the decision reached in a case tried or argued before it.
Opinion
The verbal arguments presented in person by attorneys to an appellate court.
Oral arguments
An issue that a court believes should be decided by the executive or legislative branch.
Political question
A court rule bearing on subsequent legal decisions in similar cases.
Precedent
To send the case back to the court that originally heard it.
Remand
To annul or make void a court ruling on account of some error or irregularity.
Reverse
The United States Supreme Court procedure requiring four affirmative votes to hear the case before the full-court.
Rule of four
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.
Senatorial courtesy
To stand on decided cases; the judicial policy of following precedents established by past decisions.
Stare decisis
The court in which most cases usually begin and in which questions of fact or examined.
Trial court
A court opinion or determination on which all judges agree.
Unanimous opinion
An order issued by a higher court to a lower court to send up the record of a case for review.
Writ of Certiorari
