 | Term | Definition |
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amicus curiae |
"friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs |
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appellate court |
a court that hears the appeals of trial court decisions |
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briefs |
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client |
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chief justice |
justice on the Supreme Court who presides over the Court's public sessions |
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civil law |
a system of jurisprudence, including private law and governmental actions, to settle disputes that do not involve criminal penalties |
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class action |
suit a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest |
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criminal law |
the branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law); it regulates the conduct of individuals, defines crimes, and provides punishment for criminal acts |
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defendant |
the one against whom a complaint is brought in a criminal or civil case |
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dissenting opinion |
a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case |
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due process of law |
the right of every citizen against arbitrary action by national or state governments |
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judicial activism |
judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions |
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judicial restraint |
judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning |
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judicial review |
the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison |
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jurisdiction |
the sphere of a court's power and authority |
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Miranda rule |
Miranda rule the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel |
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mootness |
a criterion used by courts to screen cases that no longer require resolution |
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opinion |
the written explanation of the Supreme Court's decision in a particular case |
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oral argument |
stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices |
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original jurisdiction |
the authority to initially consider a case. Distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision |
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per curiam |
decision by an appellate court, without a written opinion, that refuses to review the decision of a lower court; amounts to a reaffirmation of the lower court's opinion |
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plaintiff |
the individual or organization who brings a complaint in court |
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plea bargains |
negotiated agreements in criminal cases in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge the defendant is facing |
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precedents |
prior cases whose principles are used by judges as the bases for their decisions in present cases |
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public law |
cases in private law, civil law, or criminal law in which one party to the dispute argues that a license is unfair, a law is inequitable or unconstitutional, or an agency has acted unfairly, violated a procedure, or gone beyond its jurisdiction |
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senatorial courtesy |
the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination |
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solicitor general |
the top government lawyer in all cases before the Supreme Court where the government is a party |
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standing |
the right of an individual or organization to initiate a court case |
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stare decisis |
literally, "let the decision stand." The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled |
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supremacy clause |
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision |
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supreme court |
the highest court in a particular state or in the United States. This court primarily serves an appellate function |
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trial court |
the first court to hear a criminal or civil case |
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Uniform Commercial Code |
code used in many states in the area of contract law to reduce interstate differences in judicial decisions |
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writ of certiorar |
a decision of at least four of the nine Supreme Court justices to review a decision of a lower court; from the Latin "to make more certain" |
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writ of habeas corpus |
a court order that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion |
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