Judicial+Vocabulary


 * - Denotes a need for a second opinion or more information.

Judiciary Vocabulary 1. Amicus Curiae- someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it. The information provided may be a legal opinion in the form of a brief (which is called an amicus brief when offered by an amicus curiae), a testimony that has not been solicited by any of the parties, or a learned treatise on a matter that bears on the case. 2. Appellate Jurisdiction- is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record). 3. Brief- written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail. 4. *Burger Court- Expanded civil liberties. Roe v. Wade. 5. Cases of equity- cases that cannot be resolved under common law. Usually compensation is awarded for damages against individuals. 6. Civil law- the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case. 7. Class- action suit- form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. 8. Common law- law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law,[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent.[3] Thereafter, the new decision becomes precedent, and will bind future courts. 9. Concurring opinion- 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 decision. 10. Constitutional courts- a high court that deals primarily with constitutional law. Its main authority is to rule on whether or not laws that are challenged are in fact unconstitutional

11. Criminal law- body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey these laws.

12. Dissenting opinion- is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

13. Docket- the official summary of proceedings in a court of law.[

14. Federal Question cases- case in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United States, or treaties to which the United States is a party.

15. In forma pauperis-designation 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.[1] The status is usually granted by a judge without a hearing, and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel. While court-imposed costs such as filing fees are waived, the litigant is still responsible for other costs incurred in bringing the action such as deposition and witness fees.

16. Judicial activism- judicial rulings suspected of being based on personal or political considerations rather than on existing law.

17. Judicial restraint- theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.[1] It is sometimes regarded as the opposite of judicial activism.

18. *Judiciary committee- (**THERE ARE TWO)** Senate-standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges (including Supreme Court justices) nominated by the president. In recent years, this role has made the committee increasingly a point of contention, with numerous party-line votes and standoffs over which judges should be approved. The committee also has a broad jurisdiction over matters relating to federal criminal law, as well as human rights, immigration law, intellectual property rights, antitrust law, and Internet privacy. It is also Senate procedure that all proposed Constitutional Amendments pass through the Judiciary Committee.

House-a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement entities. The Judiciary Committee is also the committee responsible for impeachments of federal officials. Because of the legal nature of its oversight, committee members usually have a legal background, but this is not required.

19. Litmus Test- a question(s) asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination. 20. Majority opinion- a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. 21. Marshall Court-made several important decisions relating to federalism, affecting the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law, and supported an expansive reading of the enumerated powers. 22. Oral argument- spoken to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. 23. Original jurisdiction- courts having original jurisdiction are referred to as trial courts. In certain types of cases, the U.S. Supreme Court has original jurisdiction concurrently with lower courts. 24. *Per curiam opinion-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. 25. Plea bargain-an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. 26. Political question-this doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and decide a legal question, not a political question. Legal questions are deemed to be justiciable, while political questions are nonjusticiable. 27. Precedent-principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. 28. Public Law-theory of law governing the relationship between individuals (citizens, companies) and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law. 29. *Rehnquist Court- shifted power from national government to state government 30. Rule of four-practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket. 31. *Senate confirmation- power of the United States Senate to be consulted on and approve treaties signed and appointments made by the President of the United States to public positions, including Cabinet secretaries, federal judges, and ambassadors. 32. Senatorial courtesy-an unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state. 33. Solicitor general-person appointed to represent the federal government of the United States before the Supreme Court of the United States. 34. Sovereign immunity- the federal government may not be sued unless it has waived its immunity or consented to suit. 35. *Special courts-Bodies within the judicial branch of government that generally address only one area of law or have specifically defined powers. 36. Standing-ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. 37. Stare decisis-legal principle by which judges are obliged to respect the precedents established by prior decisions. 38. **Unanimous Opinion- Majority opinion is held by all of the Justices 39. *Warren Court- expanded civil rights and rights of the accused. 40. Writ of certiorari-the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error (reversible error) and review where no appeal is available as a matter of right. 41. Whiskey Rebellion- An answer used when utterly confused. 42. Ayden- An Iconoclastic wolf Caleb Foster 3/5/12