Chapter 14: The Courts Vocabulary

Rule of Four

A United States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.

Justiciable Controversy

A controversy that is real and substantial, as opposed to hypothetical or academic.

appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Limited Jurisdiction

A court's authority to hear cases with restriction to certain types of claims, such as tax claims or bankruptcy petitions.

General Jurisdiction

A court's authority to hear cases without significant restriction. A court of general jurisdiction normally can hear a broad range of cases.

judicial restraint

A doctrine holding that the courts should defer to the decisions made by the elected representatives of the people in the legislative and executive branches when possible.

judicial activism

A doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority.

strict construction

A judicial philosophy that looks to the "letter of the law" when interpreting the Constitution or a particular statute.

Broad Construction

A judicial philosophy that looks to the context and purpose of a law when making an interpretation.

class action suit

A lawsuit filed by an individual seeking damages for "all persons similarly situated."

Federal Question

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.

writ of certiorari

An order issued by a higher court to a lower court to send up the record of a case for review.

Case Law

Judicial interpretations of common law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.

Diversity of Citizenship

The condition that exists when the parties to a lawsuit are citizens of different states, or when the parties are citizens of a U.S. state and citizens or the government of a foreign country. Diversity of citizenship can provide a basis for federal jurisdiction.

trial court

The court in which most cases begin.

amicus curiae

a brief filed by a third party, or amicus curiae, who is not directly involved in the litigation but who has an interest in the outcome of the case.

precedent

a court ruling bearing on subsequent legal decisions in similar cases. Judges rely on precedents in deciding cases.

senatorial courtesy

in federal district court judgeship nominations, a tradition allowing a senator to veto a judicial appointment in his or her state.

Jurisdiction

the authority of a court to decide certain cases. Not all courts have the authority to decide all cases. Where a case arises and what its subject matter is are two jurisdictional issues.

Common Law

the body of law developed from judicial decisions in English and U.S. courts, not attributable to a legislature.

judicial implementation

the way in which court decisions are translated into policy

State decisis

to stand on decided cases; the judicial policy of following precedents established by past decisions.