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09 - US Government - The Courts

Terms in this set (32)

affirm
To declare that a court ruling is valid and must stand.
appellate court
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
broad construction
A judicial philosophy that is more flexible to changing conditions and looks to the context and purpose of a law, when making an interpretation.
case law
Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.
class-action suit
A lawsuit filed by an individual seeking damages for "all persons similarly situated."
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.
concurring opinion
A separate opinion prepared by a judge who supports the decision of the majority of the court but who wants to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.
dissenting opinion
A separate opinion in which a judge disagrees with the conclusion reached by the majority on the court and expounds his or her own views about the case.
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.
federal question
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. This type of question provides a basis for federal jurisdiction.
general jurisdiction
Exists when a court's authority to hear cases is not significantly restricted. A court of ___________ jurisdiction normally can hear a broad range of cases.
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 implementation
The way in which court decisions are translated into action. In other words, How a court s finding is put into action after the decision.
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 review
The power of the Supreme Court or any court to hold a law or other legal action as unconstitutional.
jurisdiction
The authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Two jurisdictional issues are where a case arises as well as its subject matter.
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.
litigate
To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
majority opinion
A court opinion reflecting the views of the majority of the judges.
opinion
The statement by a judge or a court of the decision reached in a case. This sets forth the applicable law and details the reasoning on which the ruling was based.
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.
political question
An issue that a court believes should be decided by the executive or legislative branch.
precedent
A court rule bearing on subsequent legal decisions in similar cases. Judges rely on this in deciding cases. previous decisions set a path that is typically respected in future decisions.
remand
To send a case back to the court that originally heard it.
reverse
To annul or make void a court ruling on account of some error or irregularity.
rule of four
A United States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.
senatorial courtesy
In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
stare decisis
To stand on decided cases; the judicial policy of following precedents established by past decisions.
strict construction
A judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute.
trial court
The court in which most cases begin.
unanimous opinion
A court opinion or determination on which all judges agree.
writ of certiorari
An order issued by a higher court to a lower court to send up the record of a case for review.
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