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| amicus curiae briefs | Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These attempt to influence a court's decision. |
| Appellate Jurisdiction | The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. |
| jurisdiction | the right and power to interpret and apply the law |
| stare decisis | A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle. |
| precedent | how similar cases have been decided in the past |
| Marbury v. Madison | The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789). |
| dissenting opinion | an opinion disagreeing with the majority decision in a Supreme Court ruling |
| Judiciary Act of 1789 | Congress passed this Act which created the federal-court system (lower court to SC). The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. |
| legislative court | courts created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the constitution. |
| standing to sue | The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a substantial and direct injury from a party or action of government. |
| class action suits | Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated. |
| justiciable disputes | A requirement that to be heard a case must be capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies |
| original jurisdiction | The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. |
| district courts | There are more than 90 Federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled. |
| Courts of Appeal | Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies. |
| Supreme Court | The pinnacle of the American judicial system. The court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda. |
| senatorial courtesy | An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator. |
| solicitor general | A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government. |
| opinion | A statement of legal reasoning behind a judicial decision. THe content of an opinion may be as important as the decision itself. |
| judicial implementation | How and whether court decisions are translated into actual policy, thereby affecting the behavior of others. The courts rely on other units of government to enforce their decisions. |
| judicial review | The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison. |
| United States v. Nixon | The 1974 case in which the Supreme Court unanimously held that the doctrine of executive priveledge was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions |
| judicial restraint | A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures |
| judicial activism | A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. |
| political questions | A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress. |
| statutory construction | The judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws. |
