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Ch. 14-The Federal Judicial System: Applying the Law
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20
Political Studies
Undergraduate 1
12/09/2014

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Term
Appellate Jurisdiction
Definition
The authority of a given court to review cases that have already been tried in lower courts & are appealed to it by the losing party.
Term
Brief
Definition
A written statement by a party in a court case that details its argument.
Term
Concurring Opinion
Definition
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.
Term
Decision
Definition
A vote of the Supreme Court in a particular case that indicates which party the justices side with & by how large a margin.
Term
Dissenting Opinion
Definition
The opinion of a justice in a Supreme Court case that explains his or her reasons for disagreeing with the majority's decision.
Term
Facts (Of a Court Case)
Definition
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.
Term
Judicial Activism
Definition
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 the precedent or the policy decisions of elected officials.
Term
Judicial Conference
Definition
A closed meeting of the justices of the U.S. Supreme Court to discuss & vote on the cases before them; the justices are not supposed to discuss conference proceedings with outsiders.
Term
Judicial Restraint
Definition
The doctrine that the judiciary should broadly defer to precedent & the judgment of legislatures. The doctrine claims that the job of judges is to work within the confines of laws set down by tradition & lawmaking majorities.
Term
Judicial Review
Definition
The power of courts to decide whether a government institution has acted within its constitutional powers and, if not, to declare its action null & void.
Term
Jurisdiction (Of a Court)
Definition
A given court's authority to hear cases of a particular kind. Jurisdiction may be original or appellate.
Term
Living Constitution Theory
Definition
A method of interpreting the Constitution that emphasizes the principles it embodies & their application to changing circumstances & needs.
Term
Majority Opinion
Definition
A court opinion that results when a majority of the justices is in agreement on the legal basis of the decision.
Term
Opinion (Of a Court)
Definition
A court's written explanation of its decision, which serves to inform others of the legal basis for the decision. Supreme Court opinions are expected to guide the decisions of lower courts.
Term
Original Jurisdiction
Definition
The authority of a given court to be the first court to hear a case.
Term
Originalism Theory
Definition
A method of interpreting the Constitution that emphasizes the meaning of its words at the time they were written.
Term
Plurality Opinion
Definition
A court opinion that results when a majority of justices agree on a decision in a case but do not 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.
Term
Precedent
Definition
A judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Term
Senatorial Courtesy
Definition
The tradition that a U.S. 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.
Term
Writ of Certiorari
Definition
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 U.S. Supreme Court, four of the Court's nine justices must agree to accept the case before it is granted certiorari.
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