We the People 10th Edition Chapter 9 – Flashcards
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appellate jurisdiction
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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
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brief
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A written statement by a party in a court case that details its argument
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concurring opinion
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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.
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decision
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A vote of the Supreme Court in a particular case that indicates which party the justices side with and by how large a margin
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dissenting opinion
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The opinion of a justice in a Supreme Court case that explains his or her reasons for disagreeing with the majority's decision
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facts (of a court case)
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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.
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judicial activism
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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.
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judicial conference
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A closed meeting of the justices of the U.S. Supreme Court to discuss and vote on the cases before them; the justices are not supposed to discuss conference proceedings with outsiders.
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judicial restraint
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The doctrine that the judiciary should broadly defer to precedent and the judgement of legislatures
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judicial review
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The power of courts to decide whether a governmental institution has acted within its within its constitutional powers and, if not, to declare its action null and void
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jurisdiction (of a court)
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A given court's authority to hear cases of a particular kind. Jurisdiction may be original or appellate.
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living constitution theory
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A method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.
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majority opinion
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A court opinion that results when a majority of the justices are in agreement on the legal basis of the decision.
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opinion (of a court)
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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.
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original jurisdiction
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The authority of a given court to be the first court to hear a case.
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originalism theory
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A method of interpreting the Constitution that emphasizes the meaning of its words at the time they were written.
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plurality opinion
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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.
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precedent
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A judicial decision that serves as a rule for settling subsequent cases of a similar nature
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senatorial courtesy
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The tradition that a US Senator from the state in which a federal judicial vacancy has arisen should have a say in the presidents nomination of the new judge if the senator is of the same party as the president
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writ of certiorari
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permission granted by a higher court to allow a losing party in a legal case to bring the case before it for a ruling; 4 of the 9 justices must agree to accept the case
