We The People - Chapter 12 Vocab

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Amicus curiae

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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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Briefs

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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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Chief justice

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

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Civil law

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

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Court of appeals

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a court that hears appeals of trial court decisions

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Criminal law

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

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Defendant

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

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Dissenting opinion

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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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Due process of law

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

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Judicial activism

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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 restraint

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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 review

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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 (1803)

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Jurisdiction

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the sphere of a court’s power and authority

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Opinion

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

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Oral argument

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

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Original jurisdiction

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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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Per curiam

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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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Plaintiff

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the individual or organization that brings a complaint or charges in court

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Plea bargains

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negotiated agreements in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge the defendant is facing

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Precedent

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prior case whose principles are used by judges as the basis for their decision in present cases

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Senatorial courtesy

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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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Solicitor general

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

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Stare decisis

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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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Supremacy clause

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clause in Article VI of the Constitution that states that laws passed by the national government and all treaties shall be the supreme law of the land and superior to all laws adopted by any state or any subdivision

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Supreme court

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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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Trial court

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the first court to hear a criminal or civil case

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Writ of certiorari

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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”