chapter 12 test 3
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Created by:
jakewsmith6 on November 10, 2011
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31 terms
Terms | Definitions |
|---|---|
 Common Law | Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation. |
| Precedent | A court rule bearing on subsequent legal decisions in similar cases. Judges rely on this in deciding cases. |
| Stare Decisis | To stand on decided cases; the judicial policy of following precedents established by past decisions |
| Case Law | judicial interpretations of common law principles an doctrines, as well as interpretations of consitutional law, statuary law, and administrative law |
| Jurisdiction | The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two issues. |
| Federal Question | a question that had to do with the US Constitution, acts of Congress, or treaties; it provides a basis for federal jurisdiction |
| 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 government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction. |
| Justiciable Controversy | A controversy that is real and substantial, as opposed to hypothetical or academic. |
| Litigate | to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit |
| Amicus Curiae Brief | A brief (a document containing a legal argument supporting a desired outcome in a particular case) filed by a third party, ________ (Latin for "friend of the court"), who is not directly involved in the litigation but who has an interest in the outcome of the case. |
| Class-Action Suit | a lawsuit filed by a individual seeking damdages for "all persons similarly situated" |
| Trial Court | the court in which most cases begin |
| General Jurisdiction | Exists when a court's authority to hear cases is not significantly restricted. Normally can hear a broad range of cases. |
| Limited Jurisdiction | exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions |
| Appellate Court | A court having jurisdiction to review cases and issues that were originally tried in lower courts |
| Writ of Certiorari | An order by a higher court directing a lower court to send up a case for review |
| Rule of Four | a US supreme court prcedure by which 4 justices must vote to grant a petition for review if a case is to come before the full court |
| Oral Arguments | The verbal arguments presented in person by attorneys to an appellate court. Each attorney presents reasons to the court why the court should rule in her or his client's favor |
| Opinion | The statement by a judge or a court of the decision reached in a case. Sets forth the applicable law and details the reasoning on which the ruling was based. |
| Affirm | to declare that a court ruling is valid and must stand |
| Reverse | to annul or make void a court ruling on account of some error or irregularity |
| 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 |
| Majority Opinion | a court opinion reflecting the views of the majority of the judges |
| Concurring Opinion | an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning |
| Dissenting Opinion | a seperate opinion in which a judge dissents from the conclusion reache by the majority on the court and expounds his or her own views about the case |
| Senatorial Courtesy | in federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state |
| 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. |
| Judicial Restraint | a doctrine holding that the supreme court should defer to the decisions made by the elected representatives of the people in the legislative and executive branches |
| Judicial Implementation | the way in which court decisions are translated into action |
| Political Question | an issue that a court believes should be decided by the executive or legislative branch |
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