Unit 2 part 3

• Common law


  law developed by precedents set by earlier cases
• Statutory law

  laws made by the government
• Criminal Law

  Questions regarding crimes that violate the law (guilty or not guilty?)
• Civil law

  Questions regarding private relationships between citizens of a community
• Litigation


  the process of taking legal action
• District Courts

  The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled
• Courts of appeals

  Federal courts that hear appeals from district courts. These courts have no original jurisdiction. Uphold or overturn?
• Original jurisdiction

  the right of a court to hear a case for the first time
• Appellate jurisdiction


  the right of a court to review a case that has already been heard and decided upon by a lower court
• Writ of Certiorari

  An order by a higher court directing a lower court to send up a case for review
• Legislative Courts

  A lower federal court created by Congress for specialized purposes. These justices have fixed terms of office, can be removed from office, and may have their salaries reduced while in office. Note from Nora: Compare this to a Constitutional Court. How are they different?
• Constitutional Court


  A federal court that keeps judges in office during good behavior and prevents salary reduction. There is the Supreme Court (created by the Constitution) and appellate and district courts (created by Congress)
• Precedent

  A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts
• Law clerks

  A young lawyer or law student who helps a licensed attorney or a judge with research and document drafting
• Solicitor General

  -Decides what cases the federal government will appeal

  -Personally approves every case presented to the SCOTUS
• Oral Arguments

  -Arguments presented verbally

  -30 minutes per attorney in the SCOTUS
• Judicial Conference

  Policy making body for the federal courts
• Opinion of the court

  An explanation of the decision of the Supreme Court or any other appellate court
• Dissenting Opinion

  A signed opinion in which one or more justices disagree with the majority view
• Concurring opinion

  An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
• Judicial Restraint/ Strict Constructionist Approach

  An approach to constitutional interpretation that emphasizes the Framers' original intentions
• Activist Approach

  The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
• Senatorial Courtesy

  Agreement among Senators not to vote for any presidential nominee who is opposed by the Senators from the nominee's home state
• Litmus Test

  An examination of the political ideology of a nominated judge
• Federal Question Cases

  Cases concerning the Constitution, federal law, or treaties, over which the federal courts have jurisdiction as described in the Constitution
• Diversity Cases

  Cases involving citizens of different states
• Fee shifting

  Allows the plaintiff to recover costs from the defendant if the plaintiff wins
• Plaintiff


  A person who brings a case against another in a court of law (the one who begins a lawsuit)
• In forma pauperis

  When a poor person can have his or her case heard in federal court without charge
• Standing


  A legal rule stating who is authorized to start a lawsuit
• Holding

  The decision of the court
• Sovereign Immunity

  A citizen cannot sue the government without the government's consent
• Class-action Suit

  Lawsuit brought by an individual or group of people on behalf of all those similarly situated
• Brief

  A written statement by an attorney that summarizes a case and the laws and rulings that support it
• Amicus Curiae Briefs

  A brief submitted by a "friend of the court"
• Stare decisis

  The principle that a court should follow its own precedents and not overturn its own decisions
• Political Question

  An issue the Supreme Court will allow the executive and legislative branches decide
• Remedy

  A judicial order enforcing a right or redressing a wrong
• Per Curiam Opinion


  A brief, unsigned opinion issued by the Supreme Court to explain its ruling