Chapter 15 Vocabulary Flashcards
To understand and memorize the vocabulary words.
Affirm
To declare that a court ruling is valid
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
Jurisdiction
The authority of a court to decide certain cases
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
Amicus Curiae
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
Dissenting 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 own views about the case
Litigate
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit
Reverse
To annul or make void a court ruling on account of some error or irregularity
Writ of Certiorari
An order issued by a higher court to a lower court to send up the record of a case for review
Appellate Court
A court having jurisdiction to review cases and issues that were originally tried in lower courts
Diversity of Citizenship
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
Majority Opinion
A court opinion reflecting the views of the majority of the judges
Rule of Four
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
Broad Construction
A judicial philosophy that looks to the context and purpose of a law when making an interpretation
Federal Question
A question that has to do with the U.S. Constitution, acts of Congress, or treaties
Opinion
The statement by a judge or a court of the decision reached in a case
Senatorial Courtesy
In federal district court judgeship nominations, a tradition allowing a senator the veto a judicial appointment in his or her state
Case Law
Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law
Judicial Activism
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
Oral Arguments
The verbal arguments presented in person by attorneys to an appellate court
Stare Decisis
To stand on decided cases; the judicial policy of following precedents established by past decisions
Class-Action Suit
A lawsuit filed by an individual seeking damages for “all persons similarly situated”
Judicial Restraint
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
Political Question
An issue that a court believes should be decided by the executive or legislative branch
Strict Construction
A judicial philosophy that looks to the “letter of the law”when interpreting the Constitution or a particular statute
Common Law
Judge-made law that originated in England from decisions shaped according to prevailing custom
Judicial Review
The process for deciding whether a law is contrary to the mandates of the Constitution
Precedent
A court rule bearing on subsequent legal decisions in similar cases
Trial Court
The court in which most cases begin
