Chapter 14

Diversity of Citizenship

A basis for federal court jurisdiction over a lawsuit that arises when (1) the parties in the lawsuit live in different states or when one of the parties is a foreign government or a foreign citizen, and (2) the amount in controversy is more than $75,000.

Stare decisis

A common law doctrine under which judges normally are obligated to follow the precedents established by prior court decisions.

Justiciable controversy

A controversy that is not hypothetical or academic but real and substantial; a requirement that must be satisfied before a court will hear a case.

Precedent

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts and legal issues.

Appellate Court

A court having appellate jurisdiction. An appellate court normally does not hear evidence or testimony but reviews the transcript of the trial court's proceedings, other records relating to the case, and attorneys' arguments as to why the trial court's decision should or should not stand.

Trial Court

A court in which trials are held and testimony is taken.

Senatorial Courtesy

A practice that allows a senator of the president's party to veto the president's nominee to a federal court judgeship within the senator's state.

Federal Question

A question that pertains to the U.S. constitution, acts of congress, or treaties. This question provides a basis for federal court jurisdiction.

Contempt of Court

A ruling that a person has disobeyed a court order or has shown disrespect to the court or to a judicial proceeding.

Primary Source of Law

A source of law that establishes the law. They include constitutions, statutes, administrative agency rules and regulations, and decisions rendered by the courts.

Oral Argument

A spoken argument presented to a judge in person by an attorney on behalf of her or his client.

Concurring Opinion

A statement written by a judge or justice who agrees (concurs) with the court's decision, but for reasons different from those in the majority opinion.

Dissenting Opinion

A statement written by a judge or justice who disagrees with the majority opinion.

Opinion

A written statement by a court expressing the reasons for its decision in a case.

Writ of Certiorari

An order from a higher court asking a lower court for the record of a case.

Conference

In regard to the Supreme court, a private meeting of the justices in which they present their arguments concerning a case under consideration.

Jurisdiction

The authority of a court to hear and decide a particular case.

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Common Law

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

Statutory Law

The body of law enacted by legislatures (as opposed to constitutional law, administrative law, or case law).

Criminal Law

The branch of law that defines and governs actions that constitute crimes. generally, this law has to do with wrongful actions committed against society for which society demands redress.

Civil Law

The branch of law that spells out the duties that individuals in society owe to other persons or to their governments, excluding the duty not to commit crimes.

Judiciary

The courts; one of the three branches of government in the United States.

Judicial Review

The power of the courts to decide on the constitutionality of legislative enactments and of actions taken by the executive branch.

Standing to Sue

The requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit. The party bringing the suit must demonstrate that he or she has either been harmed or been threatened with a harm.

Case Law

The rules of law announced in court decisions. It includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

Constitutional Law

law based on the U.S. constitution and the constitutions of the various states.