American Democracy Now, 2nd Edition (Harrison)

Chapter 14: The Judiciary

Glossary


judiciary  the branch of government comprising the courts and the judges who preside over them
U.S. Supreme Court  high court with a limited original jurisdiction whose decisions may not be appealed; it serves as the court of last resort in the U.S. judiciary
Marbury v. Madison  the 1803 Supreme Court case that established the power of judicial review
judicial review  court authority to determine that an action taken by any government official or governing body violates the Constitution
circuit courts  also known as courts of appeals; the middle level in the federal court structure, the courts of appeals
circuit riding  the practice of traveling around the circuits by early Supreme Court justices and district court judges to hear appeals cases
courts of appeals  intermediate appellate courts in the federal system that review the application of law in previous decisions made by courts in the federal or state judicial system
civil law  the body of law dealing with the rights of private citizens
criminal law  the body of law dealing with conduct so harmful to society as a whole that it is prohibited by statute, and is prosecuted and punished by the government
tort  a wrongful act involving a personal injury or harm to one's property or reputation
common law  law made by judges who decide cases and articulate legal principles in their opinions; based on the British system
stare decisis  from the Latin "let the decision stand," the principle that binds judges to rely upon the holdings of past judges in deciding cases
precedent  legal authority established by earlier cases
code law  laws created by legislators to regulate the behavior of individuals and organizations
constitutional law  the body of law that comes out of the courts in cases involving the interpretation of the Constitution
statute  a law enacted by Congress or by state legislatures to deal with particular issues or problems, sometimes more detailed and comprehensive than the common law
U.S. Code  a compilation of all the laws passed by the U.S. Congress
dual court system  a two-part judicial system such as that of the United States, which has both federal and state courts
trial court  the court in which a case is first heard and which determines the facts of a case
jurisdiction  the power of a court to hear a case and to resolve it, given to a court by either a constitution or a statute
federal question  a question of law based on interpretation of the U.S. Constitution, federal laws, or treaties
diversity of citizenship  the circumstance in which the parties in a legal case are from different states or the case involves a U.S. citizen and a foreign government
original jurisdiction  the power of a court to hear a case first, before other courts have decided it
appellate jurisdiction  the authority of a court to review the the application or interpretation of the law in previous decisions reached by another court in a case
justice  any of the nine judges who sit on the Supreme Court
chief justice  the leading justice on the Supreme Court, who provides both organizational and intellectual leadership
senatorial courtesy  A custom that allows senators from the president's political party to veto the president's choice of federal district court judge in the senator's state
symbolic representation  the attempt to ensure that the Supreme Court includes representatives of major demographic groups, such as women, African Americans, Jews, and Catholics
collegial court  a court made up of a group of judges who must evaluate a case together and decide on the outcome; significant compromise and negotiation take place as members try to build a majority coalition
pool memo  description written by Court clerks of the facts of a case filed with the Court, the pertinent legal arguments, and a recommendation as to whether the case should be taken
discuss list  compiled by the chief justice, the list of cases on review that he thinks may be appropriate for the Court to hear
writ of certiorari  Latin for "a request to make certain"; this is an order to a lower court to produce a certified record of a case so that the appellate court can determine whether any errors occurred during trial that warrant review of the case
Rule of Four  practice by which the Supreme Court justices determine if they will hear a case if four or more justices want to hear it
brief  a document detailing the legal argument for the desired outcome in a court case
amicus curiae brief ("friend of the court" brief)  document submitted by parties interested in a certain case or issue in an attempt to provide the Court with information that may be used to decide the case
oral arguments  the stage when appeals court judges or Supreme Court justices meet with the petitioner and the respondent to ask questions about the legal interpretations or information contained in their briefs
concurring opinion  judicial opinion agreeing with how the majority decides the case but disagreeing with at least some of the legal interpretations or conclusions reached by the majority
dissenting opinion  judicial opinion disagreeing both with the majority's disposition of a case and with their legal interpretations and conclusions
judicial activism  an approach to judicial decision making whereby judges apply their authority to bring about specific social goals
Harrison:  American Democracy Now, 2nd Edition
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