A | B |
judicial review | the ability of the courts to declare congressional and executive acts unconstitutional |
criminal case | a case that breaks the law |
civil case | a case that involves a private dispute arising from such matters as accidents, contracts, and divorce |
common law | legal precedents derived from previoius judicial decisions |
US District Court | lowest type of court in the federal system, has original jurisdiction |
US Court of Appeals (Circuit Court) | regional court in the federal court system that has appellate jurisdiction |
precedent | a judicial ruling that serves as the basis for the ruling in subsequent cases |
stare decisis | "let the decison stand" |
original jurisdiction | the authority of a court to hear a case before anyone else does |
appellate jurisdiction | the authority of a court to hear a case that has already been tried or examined in another court |
federal question | an issue covered by the US Constitution, federal laws, or US treaties |
docket | a court's agenda or calendar |
Rule of Four | unwritten rule that requires four justices to agree to hear a case |
Solicitor General | federal government's representative in cases before the Supreme Court |
Amicus Curiae Brief | "friend of the court" a brief that is filed by an individual or group that is not a party in a case, but has an interest in its outcome |
judicial restraint | a judicial philosophy where judges adhere closely to statutes and precedents in reaching their decisions |
judicial activism | judicial philosophy where judges interpret existing laws and precedents loosely and interject their own values in court decisions |
concurrent opinion | a justice who agrees with the majority, but for different reasons |
dissenting opinion | the minority opinion |
senatorial courtesy | an unwritten rule where presidents seek approval of a nominee to the US District Court from the home state senator from the president's party |
plea bargain | an agreement reached between two parties where a defendant pleads guilty for a reduced punishment |
class action | a single lawsuit representing a large group of people who have been similarly wronged |
writ of certiorari | order from the Supreme Court to send up records from the lower court to review |
standing | the legal ability to bring a case to court |
grand jury | a standing jury of approximately 20 people that determines if there is enough evidence to warrant a trial; issues indictments |
petit jury | a smaller jury typically consisting of 6-12 members that determines guilt or innocence |
Judiciary Act of 1789 | early legislation that created the basic federal court structure |
John Marshall | most significant Chief Justice who strenghtened the power of the judiciary and national government in cases like Marbury v Madison and McCulloch v. Maryland |
Warren Court | Supreme Court of the 1950s and 60s that was characterized by an expansion of civil rights and liberties |
Burger Court | Supreme Court of the 1970s and 80s that began a trend to the middle, but continued with expansion of personal liberties as exemplified by Roe v. Wade |
Rehnquist Court | a more conservative Supreme Court of the 1980s through 2005 that is associated with devolution, but continues to uphold many personal rights |
Marbury v. Madison | the most celebrate Supreme Court decision; it established judicial review |