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AM GOV Chapter 14
Poli 100: The Courts Vocabulary
23
Political Studies
Undergraduate 1
11/29/2012

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Term
dual court system
Definition
US citizens are subject to the jurisdiction of both national and state courts
Term
precedent
Definition
Former case that was supported by a majority on an appellate court and provides guidance for the determination of a present case
Term
judicial review
Definition
Power of US Supreme Court to review the acts of other political institutions and declare them unconstitutional.
Term
class action suit
Definition
Lawsuit in which 1+ persons sue on behalf of a larger set of people claiming the same injury
Term
jurisdiction
Definition
Power of a court to hear and decide cases
Term
justiciability
Definition
The doctrine that excludes certain cases from judicial consideration b/c of the party bringing the lawsuit or nature of the subject matter
Term
original jurisdiction
Definition
Power of a court to hear and decide a case first
Term
appellate jurisdiction
Definition
Power of a court to receive cases from trial courts for the purpose of reviewing whether the legal procedures were properly followed
Term
standing
Definition
Proof that a party has suffered harm or been threatened with harm by the circumstances surrounding a lawsuit
Term
political questions
Definition
Issues determined by the Supreme Court to be better resolved by Congress or the president
Term
litigious
Definition
Marked by a tendency to file lawsuits
Term
writ of certiorari
Definition
Order issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Term
Rule of Four
Definition
Requirement that a minimum of 4 justices must vote to review a lower court case by issuing a writ of certiorari
Term
decision
Definition
Indication of which litigant the court supports & by how large a margin
Term
Opinions
Definition
written arguments explaining the reasons behind a decision
Term
majority opinion
Definition
An opinion written by a justice who represents a majority of the court
Term
concurring opinion
Definition
An opinion written by 1+ justices who agree w/ decision but for different reasons than those stated in the majority opinion
Term
plurality opinion
Definition
An opinion written on behalf of the largest bloc of the justices, representing less than a majority, who agree on the reasons supporting the court's decision
Term
dissenting opinion
Definition
An opinion written by 1+ justices who disagree w/ a decision
Term
per curiam opinion
Definition
An unsigned opinion of the Supreme Court that usually signals a high degree of consensus
Term
judicial activism
Definition
Belief that the Supreme Court should make policy and vigorously review the policies of other branches
Term
judicial restraint
Definition
Belief that the Supreme Court should not become involved in questioning the operations and policies of the elected branches unless absolutely necessary
Term
senatorial courtesy
Definition
In the selection of lower federal court judges, deference shown to home-state senators who are of the same party as the president
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