Amicus curiae
Literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case.
Appellate court
A court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision.
Appellate jurisdiction
The power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision.
Associate justice
A member of the Supreme Court who is not the chief justice.
Brief
A written legal argument presented to a court by one of the parties in a case.
Chief justice
The highest-ranking justice on the Supreme Court.
Circuit courts
The appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called court of appeals.
Civil law
A non-criminal law defining private rights and remedies.
Common law
The pattern of law developed by judges through case decisions largely based on precedent.
Concurring opinion
An opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so.
Conference
Closed meeting of the justices to discuss cases on the docket and take an initial vote.
Criminal law
A law that prohibits actions that would that could harm or endanger others and establishes punishment for those actions.
Dissenting opinion
An opinion written by a justice who disagrees with the majority opinion of the Court.
District courts
The trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard.
Docket
The list of cases pending on a court’s calendar.
Dual court system
The division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts.
Judicial activism
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.
Judicial restraint
A judicial philosophy in which a justice is more likely to let stand the decisions or actions by the other branches of government.
Judicial review
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 unconstitutional.
Majority opinion
An opinion of the Court with which more than half the nine justices agree.
Marbury v. Madison
The 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be ruled unconstitutional.
Oral argument
Words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail.
Original jurisdiction
The power of a court to hear a case for the first time.
Precedent
The principles or guidelines established by the courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system.
