law
Principles and regulations established by a government that are applicable to the people and enforced by the government
common law
Law established by past judicial decisions, often referred to as "judge-made" law
stare decisis
A legal rule that requires courts to apply existing precedents to cases involving similar facts
equity
A system of law that provides relief in situations in which common law or statutory remedies are inadequate, especially through the issuance of injunctions to prevent injuries
injunction
A court order issues by and equity court forbidding a person or a group of persons to commit an act that they are attempting to commit, or restraining them from continuing to commit such an act, or requiring them to perform an act
statutory law
Law written and enacted by a legislative body
constitutional law
Law based on the provisions of state and federal constitutions
administrative law
The rules and regulations issued by departments and agencies of the executive branch of government
criminal law
Law that defines acts that constitute a violation of the public order and provides punishments for those acts
plaintiff
The party who brings suit or initiates court action
defendant
The party against whom a legal suit is brought
misdemeanor
Less serious form of crimes, such as trespassing
felony
The more serious form of crimes, such as robbery or murder
civil law
Law that defines the legal rights of citizens and thereby provides rules for resolving disputes between individuals and/or corporations or between individuals and/or corporations and the government
adversary system
A judicial process characterized by the conflict of two or more opposing parties before an impartial third party, the court
advisory opinion
An opinion given by a court on a legal issue to the executive or legislative branches of government or to a private individual but not actually presented in a case brought by parties with adverse interests
jurisdiction
The legal authority of a court to hear a particular kind of case
appellate jurisdiction
The authority of a court to review an appeal the decisions of lower courts
constitutional court
A court authorized and created under the provisions of Article III, Section 1 of the Constitution
legislative court
A court created by Congress under Article I, Section 8 of the Constitution
brief
A written argument submitted to the court by attorneys for the parties in a case
majority opinion
An opinion of a court that has the support of a majority of the members of the court
concurring opinion
A written opinion of a judge who agrees with the decision of the majority but feels that the majority opinion does not adequately express his or her own reasoning.
dissenting opinion
An opinion written by a judge to record disagreement with the majority decision and to express reasons for voting against it
writ of certiorari
("to be made certain") A discretionary writ granted by the Supreme Court directing a lower court to send up a case for review
senatorial courtesy
The informal rule under which the president must clear nominations for federal positions within a state with the senior senator from that state who is a member of the same party or risk Senate rejection of those nominees
writ of mandamus
("we command") A court order to a public official to perform an act that is legally required.
judicial self-restraint
The belief that judges should exercise self-control in using their judicial power and should generally defer to the policies of the elected branches of the government
judicial activism
The belief that the judiciary should be willing to exercise its authority to declare unconstitutional actions of the other branches of government and to establish new rules of public policy
textualism
The belief that judges should interpret the provisions of a constitution according to the meaning of the language at the time the document was composed
living constitution
The judicial philosophy that believes that constitutions should be interpreted in light of present-day circumstances