Judicial Branch & Supreme Court Terms
Get down with the lingo.
Affirm
The action taken by an appeals court when it agrees with and confirms a lower court's decision.Appeal
A request made to a higher court for another review of a case decided by a trial court; the losing party in a case has the right to file a notice of appeal to an appellate court, and that court may affirm the original ruling, reverse the decision, modify it, or send the case back to the trial court. If the appellate court upholds the lower court's decision, the losing party may take its appeal to a higher court, but only if that higher court agrees to hear the case.to beg
Appellate Jurisdiction
The power held by a court to review cases decided by lower courts and to reverse, affirm, or modify those decisions.Appointment Of Judges
The process by which Supreme Court justices and federal inferior court judges are chosen. Candidates are nominated by the president of the United States, and the Senate Judiciary Committee then conducts confirmation hearings for each nominee. If the Senate chooses to confirm the nomination, the judge is appointed for a specified term; Supreme Court justices, US District Courts judges, US Court of Appeals judges, US Court of International Trade judges, and judges for the Court of Appeals for the Federal Circuit are appointed for life; each judge in the US Court of Appeals for the Armed Forces, the US Tax Court, the US Court of Federal Claims, and the US Court of Appeals for Veterans' Claims is appointed for a 15-year term; judges who sit on the District Court of Appeals are chosen for eight-year terms; those in the Courts of the District of Columbia serve for four years.Amicus Curiae
A Latin phrase meaning "friend of the court"; a person or organization that is not a litigant in a case but is interested in presenting arguments on behalf of one party. Usually, both this party and the court must agree to invite the amicus curiae to participate. The NAACP Legal Defense and Educational Fund, Inc. has served as an amicus curiae throughout the last century, filing legal briefs and litigating on behalf of plaintiffs who have claimed that their civil rights have been violated.Article III
This is the portion of the US Constitution that establishes the judicial branch of government, although it provides only a rough outline of its organization. Section 1 vests judicial power in one Supreme Court and an unstated number of lower courts, and it authorizes justices and judges to be fairly compensated though does not specify details about pay or proposed length of service. Section 2 outlines the subject matter over which federal courts can have jurisdiction, including cases involving questions of constitutionality, cases dealing with federal laws, disputes between states, and disputes involving a foreign government, but gives Congress ultimate authority in deciding which cases can be heard by the Court. Section 3 defines treason and offers a brief directive for the method by which suspects can be tried and convicted.Brief
A written legal document that argues in favor of one party.Certificate
In the federal judiciary, the method by which a lower court asks the Supreme Court to hear a case; this type of request is placed when the lower court is unsure how to apply the law in a particular case and turns to the Supreme Court for clarification.Circuit Court (aka Circuit Court Of Appeals)
One of twelve federal courts of appeals based in various regions of the country. The judge of this type of court holds sessions at various times and locations throughout his or her circuit.Civil Case
A case dealing with civil matters, such as family relations and accidents, rather than with criminal law. In the federal court system, civil cases originate under bankruptcy, copyright, tax, civil rights, and other federal statues.Civilian Tribunal
A court that operates independently of the military establishment. The Court of Appeals for the Armed Forces, which reviews court-martial convictions, is a civilian tribunal.Concurrent Jurisdiction
The power held by federal and state courts to try a single case simultaneously. For example, a case involving a crime in which stolen goods were transported across state lines may be prosecuted concurrently by the state(s) involved and by a federal court.Concurring Opinion
The opinion of a judge or justice in support of the court's majority opinion, but offering a different set of reasons for reaching that decision.Constitutional Courts (aka Regular Courts Or Article III Courts)
Inferior courts of the federal judiciary established under Article III, Section 1 of the United States Constitution to wield broad judicial power. They include twelve geographically-based Courts of Appeals, the Court of Appeals for the Federal Circuit, 94 District Courts, and the Court of International Trade.Constitutionality
The accordance of an act, law, or procedure with the provisions of a constitution. In the US, only the Supreme Court has the right of judicial review; that is, the authority to review and take action against any legislation—local, state, or federal—it deems to be unconstitutional.Court-Martial
A military court in which military officers serve as both judge and jury in cases involving violations of US Armed Services rules and regulations.Criminal Case
Any case dealing with crimes against an individual or the public; those convicted in such cases are sentenced and can be imprisoned. In the federal court system, a criminal case is defined as one in which the defendant is tried for something that Congress has designated as a federal crime, such as mail fraud, counterfeiting, or bank robbery.Defendant
In a legal case, the party against whom a complaint is brought or charges are filed.Dissenting Opinion
The opinion of a judge or justice that disagrees with the decision reached by the majority of the court.District Courts
The principal trial courts in the federal court system. District courts, which have original jurisdiction over most federal cases, were originally created by Congress in the Judiciary Act of 1789. Currently, there are 94 District Courts in the US.Docket
A court's agenda; that is, a schedule of cases to be tried.Due Process
Legal procedures deemed fair under the Fifth and Fourth Amendments, which guarantee that no individual can be denied the right to life, liberty, or property.When you deal with, say, the mob, you don't get a lot of due process. You're eating a plate of rigatoni at your favorite restaurant, or getting an old-fashioned shave at your local barber shop, and then...bang. You're face down in a pool of blood on the floor. No trial. No 5th or 6th Amendment rights.
Hopefully, when you deal with a legitimate, law-enforcing body (like the government), due process comes more into play. Some places are better than others. But the idea is that, if you're facing prison, or loss of property, or even death, there's a set, predictable processes that will take place.
The procedure for deciding what will happen comes with pre-arranged rules. And you'll get a lawyer who knows those rules, and whose job it is to look out for your interests.
That set of norms represents due process...a system that gives you a fair hearing in a situation where you face a criminal proceeding or a civil action, like a lawsuit.
)Guarantees fair treatment in the judicial system. It's the government's promise that all groups, from Nickelback to Beatles fans, will have the same legal privileges. In fact, due process is so important that it got a shout-out in both the Fifth and Fourteenth Amendments.Exclusive Jurisdiction
The exclusive right of a particular court to review and take action in a case; for example, the Supreme Court has exclusive jurisdiction over disputes between states.Inferior Courts
In the federal judiciary, inferior courts are all those beneath the Supreme Court and created by Congress under Articles I and III of the Constitution. They are divided into two distinct types of judicial bodies: the Constitutional Courts (12 US Courts of Appeals, the US Court of Appeals for the Federal Circuit, 94 District Courts, and the US Court of International Trade) and the Special Courts (the US Court of Appeals for the Armed Forces, the Courts of the District of Columbia, the US Court of Appeals for Veterans' Claims, the US Court of Federal Claims, the US Tax Court, and the Territorial Courts located in Guam, the US Virgin Islands, and the Northern Mariana Islands).All the courts below the Supreme Court are known as "inferior courts." It's not a flattering name, but unless you're the Supreme Court, everything's inferior.
Judicial Activism
Court actions that appear to violate traditional or reasonable interpretations of the law. Judicial activism often refers to incidents in which judges allow their own political opinions and biases to influence their decisions in a case. Proponents of judicial activism believe it is important for judges to consider ongoing changes in social conditions and values when interpreting and applying the law.This is a tricky concept, and usually used as an insult. Justices are sometimes accused of making legal decisions based on their own political beliefs, rather than focusing solely on whether the law is constitutional or not—another way of saying this is that they're accused of judicial activism. In practice, it's pretty much impossible to parse out exactly why a Justice made the decision they did.
Judicial Restraint
Proponents of judicial restraint believe it is important for judges to act on the basis of the original intent of the framers of the Constitution and the authors of legislation and with respect to previous decisions in similar cases.When justices limit the exercise of their own power, and try to avoid stepping on the toes of the legislative branch, they're said to practice judicial restraint. The idea here is that the Court doesn't have the right to decide what's "best" for society; they should stick to what the Constitution says.
Judicial Review
The right of the Supreme Court to review and take action against any legislation—local, state, or federal—it deems to be unconstitutional.Judicial review is the idea that the judicial branch of government (in the United States, the Supreme Court) has the right and responsibility to invalidate actions by the other branches of government if they are judged to be unconstitutional. If Congress passes a law or the President undertakes an executive action that a majority of the Supreme Court believes to run afoul of the Constitution, the Court can overturn that law or executive action. Judicial review is a critical part of the American system of checks and balances, giving the judicial branch its most powerful tool to limit the executive andlegislative branches. Interestingly, the power of judicial review is not explicitly named in the Constitution; the Supreme Court itself declared that it had the power of judicial review for the first time in the 1803 case of Marbury v. Madison.
The authority of the courts to rule on the constitutionality of legislative actions. This power wasn't expressly granted in the Constitution and wasn't universally acknowledged with the ratification of the Constitution in 1789. Alexander Hamilton argued in Federalist #78 that it was implied by Article III of the Constitution. But others argued that this claim placed the judiciary above the legislative branch and contradicted the democratic premises of America's political system.
In Marbury v. Madison (1803), the Supreme Court asserted this power for the first time. Chief Justice John Marshall's Court would assert the same power in 15 additional cases. Some continued to challenge the court's authority to do so, but the principle of judicial review was widely established by Marshall's death in 1835.
The power of federal judges to strike down Congressional laws that violate the Constitution
This is the power exercised by the Supreme Court to determine the constitutionality of laws. This right was not specifically provided by the Constitution, but was exercised in the famous case of Marbury v. Madison and has been the precedent followed since.
When the Supreme Court decides whether a legislative or executive action is constitutional, it's practicing judicial review. It's the most important check the judicial branch has over the other branches.
Judicial review is the Supreme Court's power to declare acts of Congress (or States) as unconstitutional, thus nullifying them. Boom.
Jurisdiction
Authority to implement and enforce the laws of a region; also, a region or zone where certain laws applyMagistrate
A judicial officer with limited power. A magistrate presides over preliminary court hearings, issues warrants, determines bail, and issues protection orders.judge
In The Stranger, the magistrate refers to the judge. It can also be an officer of the state.
An administrator for the Roman government. Kind of like the role your big sister plays when your mom tells her to tell you to clean your room. In this scenario, your sister is the administrator, and your mom is the Roman Empire.
Someone who has power, usually legal power like a judge or an officer.
Magistrates were elected officials in the Roman government. There were all kinds of political offices from consul (big dog) to quaestor (not so big dog). Terms were limited to one year.
Majority Opinion
The explanation of the ruling provided by the majority of justices or judges of the court; it can be accompanied by a dissenting opinion, which disagrees with the majority, and a concurring opinion, which agrees with the majority but applies different reasoning for the decision.Military Commissions (aka Military Tribunals)
A type of military court in which military officers have the power to charge, prosecute, convict, and sentence enemy forces during wartime. Because Military Commissions operates outside the scope of conventional judicial rules and its decisions can only be appealed with the approval of the president, critics charge that its trials violate protections guaranteed by the US Bill of Rights.Opinion
The explanation of the ruling of a judge, justice, or court.Personal belief, attitude, point of view
Oral Arguments
Spoken presentation by one party in a case or a lawyer representing that party, explaining its side in a legal dispute. Each side delivers its arguments before the judge or judges and, if present, the jury.Original Jurisdiction
The power to review a case before any other court. The Supreme Court has original jurisdiction, as defined by Article III, Section 2 of the Constitution, in disputes between states or between a state and the federal government.This is the right to hear a case before any other court. For example, the Supreme Court sometimes uses this for cases that involve ambassadors and diplomats.
This allows the Supreme Court to hear a case first, before any other court. Specifically, the Supreme Court was given original jurisdiction over lawsuits between the states or between a state and the U.S., or, to break up the classic beef, between ambassadors and diplomatic personnel.
Overturn
To reverse the ruling of a lower court; occurs in an appellate court.Plaintiff
The sewer. Or rather, the one with the complaint, the tattler, the one who took it to the judge.
The sewer. Or rather, the one with the complaint, the tattler, the one who took it to the judge.The party who brings a charge or a suit against another party.Precedent
An appellate court judgment from one case that establishes the rule for deciding similar cases.previous
The idea that a ruling in a previous legal case can still apply or be influential in a current case. Every case probably has some similarities with a past case, so judges use them as examples for how to proceed. For example, the "separate but equal" decision of Plessy v. Ferguson was a precedent that justified later discriminatory laws.
Redress
Compensation for loss or injury.Remedy; put right
Rule Of Four
A Supreme Court policy that allows four of the nine justices to grant a writ of certiorari; in other words, only four justices must agree to hear an appeal from a lower court.Separation Of Powers
The separation of powers seeks to prevent tyrannical abuses of authority by dividing the most important powers of the state among different branches of government. The Framers of the US Constitution, following models first developed in Ancient Greece and the Roman Republic, gave the legislative branch the sole power to make the law, the executive branch the sole power to implement the law, and the judicial the sole power to judge the law.Also known as "checks and balances," the political doctrine that divides power amongst the three branches of government. The legislative branch makes laws; the executive branch carries out laws; the judicial branch decides the outcome of disputes under the law.
The idea that political authority should be divided into different branches of government, instead of concentrating power in one branch. In the U.S., that means the Executive, Legislative, and Judicial branches all have different, but equally significant, powers. The President can't randomly decide to make every Monday free ice-cream day (sadly)—he or she has to get Congress and the Supreme Court's approval.
In the U.S., we’ve got the Prez, Congress, and the Supremes. We’ve also got the Fed, which is independent-ish of those three main branches of government. Why’s the federal government gotta make things so complicated?
The separation of powers...that’s why. By distributing different “powers” (the ability to do things legally) among different groups, we can avoid tyranny. Thanks to the separation of powers, each branch can be a check on the other branches, i.e. “checks and balances.”
Remember King Henry the 8th? The only thing people really remember him for was killing all his wives when he got bored and wanted a new one. And when Marie Antoinette tried to solve a major food shortage with “cake”? That didn’t really work out for the people (nor for her).
We separate legal powers among multiple branches to avoid stuff like that. If one branch tries to do something sketch, the others can step in and say “Really, man? Really?”
Even businesses these days have a separation of powers. The board of directors is a check on corporate governance, having the backs of shareholders. At least in theory. And yes, oh so many Boards are just living in the back pockets of their mercurial founders.
In the U.S., we’ve got the Prez, Congress, and the Supremes. We’ve also got the Fed, which is independent-ish of those three main branches of government. Why’s the federal government gotta make things so complicated?The separation of powers...that’s why. By distributing different “powers” (the ability to do things legally) among different groups, we can avoid tyranny. Thanks to the separation of powers, each branch can be a check on the other branches, i.e. “checks and balances.”
Remember King Henry the 8th? The only thing people really remember him for was killing all his wives when he got bored and wanted a new one. And when Marie Antoinette tried to solve a major food shortage with “cake”? That didn’t really work out for the people (nor for her).
We separate legal powers among multiple branches to avoid stuff like that. If one branch tries to do something sketch, the others can step in and say “Really, man? Really?”
Even businesses these days have a separation of powers. The board of directors is a check on corporate governance, having the backs of shareholders. At least in theory. And yes, oh so many Boards are just living in the back pockets of their mercurial founders.
The super-strong branches of the federal government are broken up (separated, even) into legislative, executive, and judicial branches, each of whom, like the members of Captain Planet, have their own responsibilities.Special Courts (aka Legislative Courts Or Article I Courts)
Inferior courts in the federal judiciary created by Congress under Article I of the US Constitution "to constitute Tribunals inferior to the supreme Court." Their power is more limited than that of Constitutional Courts. Special Courts include the US Court of Appeals for the Armed Forces, the Courts of the District of Columbia, the US Court of Appeals for Veterans' Claims, the US Court of Federal Claims, the US Tax Court, and the Territorial Courts located in Guam, the US Virgin Islands, and the Northern Mariana Islands.State Courts
Courts that have jurisdiction over cases involving state law and disputes involving parties living in the state or those that conduct business, own property, or use roads within its borders; they do not have the power to decide cases involving federal law. State courts are often divided into various types of judicial bodies, including criminal courts, family courts, and probate courts.Supreme Court
The highest court in the United States and the head of the federal judiciary. Its nine justices—the Chief Justice and eight associate justices—are appointed by the president, confirmed by Congress, and serve life terms. The Court functions primarily as an appellate court, but has original jurisdiction over disputes between states and between a state and the federal government.The big kahuna of the judicial system—the highest law in the land. The Supreme Court has the final say on whether or not a law is constitutional. It's made up of nine justices who serve for life.