appellate jurisdiction
the authority of a given court to review cases that have already been tried in lower courts and are appealed to it by the losing party; such a court is called an appeals court or appellate court
brief
a written statement by a party in a court case that details its argument
civil law
laws governing relations with or between private parties where no criminal act is alleges and where the parties are making conflicting claims or are seeking to establish a legal relationship
compliance
the issue of whether a court's decision will be respected and obeyed
concurring opinion
a separate opinion written by a Supreme Court justice who votes with the majority in the decision on a case but who disagrees with their reasoning
criminal law
laws governing acts deemed illegal and punishable by government such as robbery. Government is always a party to a criminal law case; the other party is the individual accused of breaking the law.
decision
a vote of the Supreme Court in a particular case that indicates which party the justices side with and by how large a margin
dissenting opinion
the opinion of a justice in a Supreme Court case that explains his or her reasons for disagreeing with the majority's decision
facts (of a case)
the relevant circumstances of a legal dispute or offense as determined by a trial court. The facts of a case are crucial because they help determine which law or laws are applicable in the case
judicial activism
the doctrine that the courts should develop new legal principles when judges see a compelling need, even if this action places them in conflict with precedent or the policy decisions of elected officials.
judicial conference
a closed meeting of the justices of the US Supreme Court to discuss and vote on the cases before them; the justices are not supposed to discuss conference proceedings with outsiders
judicial restraint
the doctrine that the judiciary should broadly defer to precedent and the judgment of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition and lawmaking majorities
judicial review
the power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void
jurisdiction (of a court)
a given court's authority to hear cases of a particular kind. Jurisdictions may be original or appellate
laws (of a court)
the constitutional provisions, legislative statutes, or judicial precedents that apply to a court case.
legitimacy (of a judicial power)
the issue of the proper limits of judicial authority in a political system based in part on the principle of majority rule
living constitution theory
a method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs
majority opinion
a Supreme Court opinion that results when a majority of the justices is in agreement on the legal basis of the decision
opinion (of a court)
a court's written explanation of its decision which serves to inform others of the legal basis for the decision. Supreme Court decisions are expected to guide the decisions of other courts.
original jurisdiction
the authority of a given court to be the first court to hear a case
originalism theory
a method of interpreting the Constitution that emphasizes the meaning of its words at the time they were written.
plurality opinion
a court opinion that results when a majority of justices agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called a plurality opinion.
precedent
A judicial decision in a given case that serves as a rule of thumb for settling subsequent cases of a similar nature; courts are generally expected to follow precedent
procedural law
laws governing the legal process that define proper courses of action by government or private parties
senatorial courtesy
the tradition that a US Senator from the state in which a federal judicial vacancy has arisen should have a say in the president's nomination of the new judge if the senator is of the same party as the president
writ of certiorari
permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; when such a writ is requested of the US Supreme Court, four of the Court's nine justices must agree to accept the case before it is gran