Chapter 15 Vocabulary

Question 1

Affirm

Answer 1

To declare that a court ruling is valid

Question 2

Concurring Opinion

Answer 2

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

Question 3

Jurisdiction

Answer 3

The authority of a court to decide certain cases

Question 4

Remand

Answer 4

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

Question 5

Unanimous Opinion

Answer 5

A court opinion or determination on which all judges agree

Question 6

Amicus Curiae

Answer 6

A legal document filed by an organization that is not a party to a lawsuit to provide additional information and attempt to influence the outcome of the case

Question 7

Dissenting Opinion

Answer 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 own views about the case

Question 8

Litigate

Answer 8

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

Question 9

Reverse

Answer 9

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

Question 10

Writ of Certiorari

Answer 10

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

Question 11

Appellate Court

Answer 11

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

Question 12

Diversity of Citizenship

Answer 12

The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the gov’t of a foreign country

Question 13

Majority Opinion

Answer 13

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

Question 14

Rule of Four

Answer 14

A U.S. Supreme Court procedure by which for justices must vote to grant a petition for review if a case is to come before the full court

Question 15

Broad Construction

Answer 15

A judicial philosophy that looks to the context and purpose of a law when making an interpretation

Question 16

Federal Question

Answer 16

A question that has to do with the U.S. Constitution, acts of Congress, or treaties

Question 17

Opinion

Answer 17

The statement by a judge or a court of the decision reached in a case

Question 18

Senatorial Courtesy

Answer 18

In federal district court judgeship nominations, a tradition allowing a senator the veto a judicial appointment in his or her state

Question 19

Case Law

Answer 19

Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law

Question 20

Judicial Activism

Answer 20

A doctrine holding that the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority

Question 21

Oral Arguments

Answer 21

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

Question 22

Stare Decisis

Answer 22

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

Question 23

Class-Action Suit

Answer 23

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

Question 24

Judicial Restraint

Answer 24

A doctrine holding that the Supreme Court should defer to the decisions make by the elected representatives of the people in the legislative and executive branches

Question 25

Political Question

Answer 25

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

Question 26

Strict Construction

Answer 26

A judicial philosophy that looks to the “letter of the law”when interpreting the Constitution or a particular statute

Question 27

Common Law

Answer 27

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

Question 28

Judicial Review

Answer 28

The process for deciding whether a law is contrary to the mandates of the Constitution

Question 29

Precedent

Answer 29

A court rule bearing on subsequent legal decisions in similar cases

Question 30

Trial Court

Answer 30

The court in which most cases begin