adversarial system
process through which two parties present their arguments and evidence (often via a lawyer) in front of a neutral judge or jury
amicus curiae brief
"friend of the court" brief submitted by an outside party presenting information and recommendations on a court case
appellate court
federal or state court that hears challenges to decisions made by a lower court and rules on whether that court applied the law fairly to reach those decisions
checks and balances
governmental system under which the powers of each branch of government are restrained and balanced by those of the other branches to prevent the accumulation of too much power by any one branch
civil court
federal or state court that hears and decides legal disputes between two or more parties
class action lawsuit
civil lawsuit brought by one person or group on behalf of a larger group of people who claim to have been injured by the same party in a similar way
concurrent jurisdiction
situation arising when both state and federal courts have the authority to hear and decide a case
concurring opinion
written explanation of why a justice agrees with the majority opinion but not the primary legal rationale behind it
confirmation hearing
committee session in which a presidential nominee and others are questioned in order to investigate the nominee's qualifications and background prior to confirmation
decision
action of a majority of justices to find in favor of one party over another
dissenting opinion
written explanation of why a justice does not agree with the majority opinion
district court
federal court where a criminal or civil case most likely begins
John Marshall
chief justice of the U.S. Supreme Court (1801–35)
judicial activism
judicial philosophy reflecting a willingness to declare laws and government actions unconstitutional or to overturn precedent set by earlier courts' decisions
judicial restraint
judicial philosophy reflecting a reluctance to declare laws and government actions unconstitutional or to overturn precedent set by earlier courts' decisions
judicial review
right of a court to review the laws and actions of the other two branches
Judiciary Act of 1789
law that created the U.S. Supreme Court and the lower federal court system
jurisdiction
court's authority to hear and decide a case
majority opinion
written explanation of a court decision stating the legal principles on which it is based
Marbury v. Madison
1803 Supreme Court ruling that established the principle of judicial review
original intent
how a judge believes the framers of the Constitution or the authors of an amendment or of a law meant for the document to be read
original jurisdiction
court's authority to hear and decide a case first, before any other court
originalism
judicial philosophy focused on using original intent to interpret and apply the law
precedent
decision in an earlier case on similar points of law
stare decisis
"let the decision stand"; the legal principle that a question decided in court one way should be decided in the same way in all cases involving the same issue
textualism
judicial philosophy that focuses narrowly on a reading of the text of the law at issue and does not try to determine the lawmakers' thinking
writ of certiorari
formal order from a higher to a lower court asking for a case record to be sent for review
writ of mandamus
formal order to a government official to fulfill the duties of the official's office