Chapter 10

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