Chapter 12: The Supreme Court And American Judiciary

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Case

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a controversy to be decided by a court

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Criminal Case

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Judicial proceedings that the government begins against an individual following commission of a crime

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Crime

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A public wrong; an offense, such as murder, against society at large -- even though it may have been committed against only a single individual.

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Civil Case

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Non-criminal legal action, such as divorces or attempts to recover damages following an automobile accident.

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State Courts

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Courts of the fifty states, as opposed to the federal, national courts

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Federal Courts

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the courts of the United States, as distinguished from the courts of the fifty states.

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Jurisdiction

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Authority of a court or other agency to act

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Courts of Limited Jurisdiction

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The lowest-level court in a state's judicial system that hears particular kinds of cases involving small claims, traffic violations, and minor criminal infractions.

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Courts of General Jurisdiction

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The basic unit of a court system, receiving appeals from courts of limited jurisdiction and serving as trial courts for serious criminal offenses and civil suits involving substantial amounts of money.

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Intermediate Appellate Court

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courts between courts of general jurisdiction and the court of last resort; in the federal court system it is the Court of Appeals

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Court of Last Resort

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The highest court within a particular judicial system, such as a state supreme court, to which a litigant may appeal a case.

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United States District Courts

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trial courts in the federal court system in which almost all federal cases begin; courts of general jurisdiction.

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United States Courts of Appeals

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Intermediate appellate courts in the federal court system, just below the Supreme Court

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Appellate Jurisdiction

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includes cases a court receives from lower courts -- congress defines the appellate jurisdiction of the US Supreme Court.

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Federal Question

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an issue that involves the interpretation of the Constitution or a statute or a treaty of the United States

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writ of certiorari

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a petition for review by a higher court; the most common route for an appeal to reach the supreme court

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Rule of Four

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Procedure of the US Supreme Court by which the affirmative votes of four justices are needed to accept a case for decision

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Original Jurisdiction

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authority of a court over cases that begin in that court, such as courts of general jurisdiction having original jurisdiction over most criminal offenses - the original jurisdiction of the US Supreme Court is very small

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Eleventh Amendment

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The first reversal of a Supreme Court decision by constitutional amendment, denying federal courts jurisdiction in suits against a state brought by citizens of another state or a foreign country

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Senatorial Courtesy

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custom in the senate to reject, for federal office, a nominee who is unacceptable to a senator from the nominee's state when the senator and president are of the same party

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Judicial Review

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the authority of courts to set aside a legislative act as being in violation of the Constitution

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Legislative Intent

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a legislature's understanding of the meaning of a law and what it is designed to accomplish

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Trial Court

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a court of limited or general jurisdiction in which the disputed facts of a case are heard and decided.

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Briefs

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documents filed with a court containing the arguments of the parties of a case. Each party must convince the justices that the issues the case raises are so important/unimportant that they deserve/don't deserve the Court's attention

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amicus curiae

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refers to persons, government agencies, or groups that are not parties to a case but nonetheless have an interest in its outcome and that make their views known by filing an amicus curiae brief with the court hearing the case.

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Solicitor General of the United States

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In the Supreme Court, the lawyer for the United States who decides which cases the government will appeal to the Supreme Court

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Solicitor General of the United States

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in the supreme court, the lawyer for the US who decides which cases the government will appeal to the Supreme Court

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Oral Argument

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Event in which opposing counsel verbally presents their views to the court during the decision making process of a court. Each side is allowed only 30 minutes each

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Opinion of the Court

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Statement representing the views of a majority of the judges of the Court.

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Concurring Opinion

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a statement issued separately by a judge voting with the majority

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Dissenting Opinion

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a statement issued by a judgement explaining his or her disagreement with the majority position.

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Judicial Activists

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Judges who are least hesitant to invoke judicial review to strike down an act of Congress or of a state legislature.

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Judicial Restraintists

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judges who are reluctant to invoke a judicial review to strike down an act of Congress or of a state legislature.

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Precedents

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prior decisions of courts that are cited as authority by other courts.

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stare decisis

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a legal doctrine that suggests courts should follow precedent as a general rule, breaking with previously legal principles only on rare occasion.