{"id":544,"date":"2016-08-24T00:20:55","date_gmt":"2016-08-24T00:20:55","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/americangovernment\/?post_type=chapter&p=544"},"modified":"2016-08-24T00:20:55","modified_gmt":"2016-08-24T00:20:55","slug":"glossary-13","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/atd-monroecc-americangovernment\/chapter\/glossary-13\/","title":{"raw":"Glossary","rendered":"Glossary"},"content":{"raw":"

Guardians of the Constitution and Individual Rights<\/h2>\r\nappellate jurisdiction<\/strong> the power of a court to hear a case on appeal from a lower court and possibly change the lower court\u2019s decision\r\n\r\ncommon law<\/strong> the pattern of law developed by judges through case decisions largely based on precedent\r\n\r\njudicial review<\/strong> the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional\r\n\r\nMarbury v. Madison<\/em><\/strong> the 1803 Supreme Court case that established the courts\u2019 power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional\r\n\r\noriginal jurisdiction<\/strong> the power of a court to hear a case for the first time\r\n

The Dual Court System<\/h2>\r\nappellate court<\/strong> a court that reviews cases already decided by a lower or trial court and that may change the lower court\u2019s decision\r\n\r\ncivil law<\/strong> a non-criminal law defining private rights and remedies\r\n\r\ncriminal law<\/strong> a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions\r\n\r\ndual court system<\/strong> the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts\r\n\r\ntrial court<\/strong> the level of court in which a case starts or is first tried\r\n

The Federal Court System<\/h2>\r\ncircuit courts<\/strong> the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals\r\n\r\ncourts of appeals<\/strong> the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts\r\n\r\ndistrict courts<\/strong> the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard\r\n\r\nprecedent<\/strong> the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system\r\n\r\nsenatorial courtesy<\/strong> an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions\r\n\r\nstare decisis<\/em><\/strong> the principle by which courts rely on past decisions and their precedents when making decisions in new cases\r\n

The Supreme Court<\/h2>\r\namicus curiae<\/em><\/strong> literally a \"friend of the court\" and used for a brief filed by someone who is interested in but not party to a case\r\n\r\nassociate justice<\/strong> a member of the Supreme Court who is not the chief justice\r\n\r\nbrief<\/strong> a written legal argument presented to a court by one of the parties in a case\r\n\r\nchief justice<\/strong> the highest-ranking justice on the Supreme Court\r\n\r\nconference<\/strong> closed meeting of the justices to discuss cases on the docket and take an initial vote\r\n\r\ndocket<\/strong> the list of cases pending on a court\u2019s calendar\r\n\r\noral argument<\/strong> words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail\r\n\r\nRule of Four<\/strong> a Supreme Court custom in which a case will be heard when four justices decide to do so\r\n\r\nsolicitor general<\/strong> the lawyer who represents the federal government and argues some cases before the Supreme Court\r\n\r\nwrit of certiorari<\/em><\/strong> an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert<\/em>.\r\n

Judicial Decision-Making and Implementation by the Supreme Court<\/h2>\r\nconcurring opinion<\/strong> an opinion written by a justice who agrees with the Court\u2019s majority opinion but has different reasons for doing so\r\n\r\ndissenting opinion<\/strong> an opinion written by a justice who disagrees with the majority opinion of the Court\r\n\r\njudicial activism<\/strong> a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties\r\n\r\njudicial restraint<\/strong> a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government\r\n\r\nmajority opinion<\/strong> an opinion of the Court with which more than half the nine justices agree","rendered":"

Guardians of the Constitution and Individual Rights<\/h2>\n

appellate jurisdiction<\/strong> the power of a court to hear a case on appeal from a lower court and possibly change the lower court\u2019s decision<\/p>\n

common law<\/strong> the pattern of law developed by judges through case decisions largely based on precedent<\/p>\n

judicial review<\/strong> the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional<\/p>\n

Marbury v. Madison<\/em><\/strong> the 1803 Supreme Court case that established the courts\u2019 power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional<\/p>\n

original jurisdiction<\/strong> the power of a court to hear a case for the first time<\/p>\n

The Dual Court System<\/h2>\n

appellate court<\/strong> a court that reviews cases already decided by a lower or trial court and that may change the lower court\u2019s decision<\/p>\n

civil law<\/strong> a non-criminal law defining private rights and remedies<\/p>\n

criminal law<\/strong> a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions<\/p>\n

dual court system<\/strong> the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts<\/p>\n

trial court<\/strong> the level of court in which a case starts or is first tried<\/p>\n

The Federal Court System<\/h2>\n

circuit courts<\/strong> the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals<\/p>\n

courts of appeals<\/strong> the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts<\/p>\n

district courts<\/strong> the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard<\/p>\n

precedent<\/strong> the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system<\/p>\n

senatorial courtesy<\/strong> an unwritten custom by which the president consults the senators in the state before nominating a candidate for a federal vacancy there, particularly for court positions<\/p>\n

stare decisis<\/em><\/strong> the principle by which courts rely on past decisions and their precedents when making decisions in new cases<\/p>\n

The Supreme Court<\/h2>\n

amicus curiae<\/em><\/strong> literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case<\/p>\n

associate justice<\/strong> a member of the Supreme Court who is not the chief justice<\/p>\n

brief<\/strong> a written legal argument presented to a court by one of the parties in a case<\/p>\n

chief justice<\/strong> the highest-ranking justice on the Supreme Court<\/p>\n

conference<\/strong> closed meeting of the justices to discuss cases on the docket and take an initial vote<\/p>\n

docket<\/strong> the list of cases pending on a court\u2019s calendar<\/p>\n

oral argument<\/strong> words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail<\/p>\n

Rule of Four<\/strong> a Supreme Court custom in which a case will be heard when four justices decide to do so<\/p>\n

solicitor general<\/strong> the lawyer who represents the federal government and argues some cases before the Supreme Court<\/p>\n

writ of certiorari<\/em><\/strong> an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert<\/em>.<\/p>\n

Judicial Decision-Making and Implementation by the Supreme Court<\/h2>\n

concurring opinion<\/strong> an opinion written by a justice who agrees with the Court\u2019s majority opinion but has different reasons for doing so<\/p>\n

dissenting opinion<\/strong> an opinion written by a justice who disagrees with the majority opinion of the Court<\/p>\n

judicial activism<\/strong> a judicial philosophy in which a justice is more likely to overturn decisions or rule actions by the other branches unconstitutional, especially in an attempt to broaden individual rights and liberties<\/p>\n

judicial restraint<\/strong> a judicial philosophy in which a justice is more likely to let stand the decisions or actions of the other branches of government<\/p>\n

majority opinion<\/strong> an opinion of the Court with which more than half the nine justices agree<\/p>\n\n\t\t\t

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Candela Citations<\/h3>\n\t\t\t\t\t
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