judiciary Flashcards
amicus curiae
literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case
appellate court
a court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision
appellate jurisdiction
the power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision
associate justice
a member of the Supreme Court who is not the chief justice
brief
a written legal argument presented to a court by one of the parties in a case
chief justice
the highest-ranking justice on the Supreme Court
circuit courts
the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals
civil law
a non-criminal law defining private rights and remedies
common law
the pattern of law developed by judges through case decisions largely based on precedent
concurring opinion
an opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so
conference
closed meeting of the justices to discuss cases on the docket and take an initial vote
courts of appeals
the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts
criminal law
a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions
dissenting opinion
an opinion written by a justice who disagrees with the majority opinion of the Court
district courts
the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard
docket
the list of cases pending on a court’s calendar
dual court system
the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
judicial activism
a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties
judicial restraint
a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government
judicial review
the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional
majority opinion
an opinion of the Court with which more than half the nine justices agree
Marbury v. Madison
the 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional
oral argument
words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail
original jurisdiction
the power of a court to hear a case for the first time
