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| The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government. |
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| Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated. |
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| A constraint on the courts, requiring that a case must be capable of being settled by legal methods. |
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| Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision. |
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| The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. |
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| The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. |
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| The 91 federal courts of original jurisdiction. They are the only federal courts in which no trials are held and in which juries may be empanelled. Compare courts of appeal. |
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| Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies. |
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| The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda. |
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| An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by the senator from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee’s state senator, if the senator belongs to the president’s party. |
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| A presidential appointee and the third-ranking office in the Department of Justice. The solicitor general is in charge of the appellate court litigation of the federal government. |
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| A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself. |
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| A Latin phrase meaning “let the decision stand.” The vast majority of cases reaching appellate courts are settled on this principle. |
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| How similar cases have been decided in the past. |
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| A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view. |
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| w and whether court decisions are translated into actual policy, affecting the behavior of others. The courts rely on other units of government to enforce their decisions. |
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| The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789. |
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| The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison. |
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| The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions. |
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| A judicial philosophy in which judges play minimal policymaking roles, leaving that strictly to the legislatures. |
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| A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. |
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| A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress. |
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| The judicial interpretation of an act of Congress. In some cases where statutory construction is an issue, Congress passes new legislation to clarify existing laws. |
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| "In chambers" -meeting in the judges chambers for the attorneys and judge ONLY |
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| designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense |
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| process by which the judge will excuse themselves from a particular case |
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| the highest level of judicial scrutiny that is applied esp. to a law that allegedly violates equal protection in order to determine if it is narrowly tailored to serve a compelling state interest |
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| "in the matter [of]", is a legal term used to indicate that a judicial proceeding may not have formally designated adverse parties or is otherwise uncontested. The term is commonly used in case citations of probate proceedings, for example, In re Marriage Cases; it is also used in juvenile courts, as, for instance, In re Gault. |
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| a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and anonymously. In contrast to regular opinions, a per curium does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed |
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| "to show, prove, or ascertain" A writ of certiorari currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. |
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| legal rules and regulations on how a case is to be handeled |
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| a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decisio |
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| an opinion of one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. |
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