24 terms

Chapter 14 Vocab

Debs vocab
amicus curiae brief
a brief filed (with the permission of the court) by an individual or group that is not a party to a legal action but has an interest in it.
appellate jurisdiction
the authority of a court to hear cases that have been tried, decided, or reexamined in other courts.
the heart of a judicial opinion; its logical content separated from facts, rhetoric, and procedure.
civil case
a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce.
class action
a procedure by which similarly situated litigants may be heard in a single lawsuit.
common (judge-made) law
legal precedents derived from previous judicial decisions.
the agreement of a judge with the court's majority decision, for a reason other that the majority reason.
criminal case
a court case involving a crime, or violation of public order.
the disagreement of a judge with a majority decision.
a court's agenda.
federal question
an issue covered by the US Constitution, national laws, or US treaties.
the judicial decision in a court case.
judicial activism
a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions.
judicial restraint
a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decisions.
judicial review
the power to declare congressional (and presidential) acts invalid because they violate the Constitution.
original jurisdiction
the authority of a court to hear a case before any other court does.
plea bargain
a defendant's admission of guilt in exchange for a less severe punishment.
a judicial ruling that serves as the basis for the ruling in a subsequent case.
rule of four
an unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the US Supreme Court.
senatorial courtesy
a norm under which a nomination must be acceptable to the home state senator from the president's party.
solicitor general
the third-highest official of the US Department of Justice, and the one who represents the national government before the Supreme Court.
stare decisis
literally, "let the decision stand"; decision making according to precedent.
US court of appeals
a court within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for reverse.
US district court
a court within the lowest tier of the three-tiered federal court system; a court where litigation begins.