| A | B |
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| standing (to sue) | to bring a lawsuit into court, the plaintiff must show that they have or likely will suffer a substantial injury (not necessarily physical or monetary). |
| class action suits | lawsuits brought by a small group or individual, but on behalf of all people with similar circumstances. |
| justiciable disputes | issues which can be settled in a court of law. |
| amicus curiae briefs | a legal brief submitted as a "friend of the court". These are offered by groups who are not party to a lawsuit (plaintiff or defendant), but wish to give the court information on the issue not contained in the party's briefs. |
| original jurisdiction | The right to be the court that first hears a case. For most federal cases district courts have original jurisdiction. |
| appellate jurisdiction | The right to hear an appeal of a case. Appeals occur if either party feels the court of original jurisdiction misinterpreted the law. The appeal cannot be about the "guilt or innocence", but solely on the interpretation of law. |
| district courts | These are the court of original jurisdiction on the federal level. These are the only federal courts that can have jury trials. |
| courts of appeal | These are the courts that have a right to hear a case on appeal. On the federal level the Circuit Courts of Appeal and the US Supreme Court are the courts of appeal. |
| Supreme Court | The highest court in the United States. It interprets national law and the Constitution. Additionally, it resolves conflicts among states. |
| senatorial courtesy | a tradition that the Senate will not confirm district court judges, if a senator from the president's party and from the state the district court is located in opposes the nomination. This extends to the Circuit Court of Appeals when a senator from the president's party and from the nominee's home state opposes the nomination. |
| solicitor general | The third ranked official in the Justice Department. This presidential appointee is in charge of appellate litigation for the federal government. |
| opinion | A statement explaining the reasoning a court used in reaching an appellate decision. These explain the law, so they may be more important than the actual decision. |
| majority opinion | The opinion of the majority of the court. This opinion will explain the court's reasoning and interpret the law/Constitution. |
| concurring opinion | This is an opinion written by a justice who agrees with the Court's decision, but for different reasons than the majority. |
| dissenting opinion | Those justices who disagree with the majority may write explanations on why they disagree. These opinions can cause people to think more about the case and have on occasion led to the Court changing its position later on. |
| stare decisis | means "let the decision stand". Once a matter of law has been decided the Court will rarely be willing to hear another case on the same topic, or reverse an earlier decision. |
| precedent | Cases that have decided a matter of law. These cases will be used to decide cases that have similar issues. |
| originalism | A view that the Constitution should be interpreted according the original intentions or meaning of those who wrote the Constitution. |
| judicial implementation | The courts must rely on the other branches of government to enforce the court's decisions. Whether this happens or how they are carried out is implementation. |
| Marbury v. Madison | The case in which the Supreme Court asserted its right to interpret the Constitution. |
| judicial review | The power of the courts to decide if actions of the other branches and the states are allowed by the Constitution. |
| judicial restraint | A view that the courts should avoid policymaking, deferring to the legislative branch, as much as possible,. |
| judicial activism | A view that the Constitution is a living document that must change as the American people and the realities of the world change. |
| political questions | A doctrine that the courts will try to avoid making decisions about politics. The Court's position, generally, is that politicians should decide political questions. |
| statutory construction | When the Court finds some portion of a federal law unconstitutional, Congress may rewrite the law to conform with the Court's decision and reinstate the law. |
| remand | when an appeals court may sends a case back to a trial court for further action after the appellate has reversed the judgment of the lower court. |
| common law | system of deciding cases that originated in England and which was later adopted in the U.S. as well. This system of law is based on precedent (legal principles developed in earlier court decisions). |
| civil law | This has two meanings. It is the system of law used by most countries around the world and is based on a code of law (statutory law). It is also the term used for laws when a party brings a suit (law case) against another party (not a criminal case). |
| strict constructionism | A view that court decisions and the meaning of Constitutional principles should be based on their literal meaning or what those who wrote document thought it meant at that time. |
