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25 Cards in this Set
- Front
- Back
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Affirm?
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To declare that a court ruling is valid and must stand.
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Appellate Court?
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A court having jurisdiction to review cases and issues that were originally tried in lower courts.
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Broad Construction?
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A judicial philosophy that looks to the context and purpose of a law when making an interpretation.
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Class-Action Suit?
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A lawsuit filed by an individual seeking damages for “all persons similarly situated.”
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Common Law?
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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.
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Concurring Opinion?
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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.
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Dissenting Opinion?
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A separate opinion in which a judge dissents from (disagrees with) the conclusion reached by the majority on the court and expounds his or her own views about the case.
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Diversity of Citizenship?
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The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a US state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.
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Judicial Activism?
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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.
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Judicial Restraint?
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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.
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Judicial Review?
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The power of the Supreme Court or any court to hold a law of other legal action as unconstitutional.
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Jurisdiction?
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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.
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Litigate?
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To engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit.
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Majority Opinion?
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A court opinion reflecting the views of the majority of the judges.
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Opinion?
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The statement by a judge or a court of the decision reached in a case. The opinion sets forth the applicable law and details the reasoning on which the ruling was based.
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Precedent?
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A court rule bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.
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Remand?
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To send a case back to the court that originally heard it.
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Reverse?
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To annul or make void a court ruling on account of some error or irregularity.
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Rule of Four?
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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.
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Senatorial Courtesy?
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In federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.
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Stare Decisis?
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To stand on decided cases; the judicial policy of following precedents established by past decisions.
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Strict Construction?
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A judicial philosophy that looks to the “letter of the law” when interpreting the Constitution or a particular statute.
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Trial Court?
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The court in which most cases begin.
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Unanimous Opinion?
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A court opinion or determination on which all judges agree.
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Writ of Certiorari?
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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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