Ap Gov

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literally, "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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amicus curiae

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a court that hears the appeals of trial court decisions

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appellate court

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written documents in which attorneys explain, using case precedents, why the court should find in favor of their client

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briefs

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justice on the Supreme Court who presides over the Court's public sessions

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chief justice

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the branch of law that deals with disputes that do not involve criminal penalties

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civil law

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a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who share that interest

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class action suit

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the branch of law that regulates the conduct of individuals, defines crimes, and provides punishment for criminal acts

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criminal law

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the one against whom a complaint is brought in a criminal or civil case

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defendant

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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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dissenting opinion

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the right of every citizen against arbitrary action by national or state governments

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due process of law

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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 activism

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judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning

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judicial restraint

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the power of the courts to review and, if necessary, 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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judicial review

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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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Miranda rule

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a criterion used by courts to screen cases that no longer require resolution

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mootness

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the written explanation of the Supreme Court's decision in a particular case

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opinion

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stage in Supreme Court procedure in which attorneys of both sides appear before the Court to present their positions and answer questions posed by justices

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oral argument

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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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original jurisdiction

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a brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court

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per curiam

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the sphere of a court's power and authority

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jurisdiction

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the individual or organization who brings a complaint in court

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plaintiff

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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 or prison sentence the defendant is facing

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plea bargains

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prior cases whose principles are used by judges as the bases for their decisions in present cases

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precedents

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the branch of law that deals with the actions of public agencies or officials and the powers of government

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public law

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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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senatorial courtesy

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the top government lawyers in all cases before the Supreme Court where the government is a party

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solicitor general

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the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome

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standing

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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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stare decisis

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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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supremacy clause

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the highest court in a particular state or in the United States; this court primarily serves an appellate function

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supreme court

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the first court to hear a criminal or civil case

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trial court

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code used in many states in the area of contract law to reduce interstate differences in judicial decision

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Uniform Commercial Code

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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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write of certiorari

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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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writ of habeas corpus