Chapter 1 & 2

U.S Supreme Court as of 2014

9 Justices: Chief Justice John Roberts Associate Justice Antonin Scalia Associate Justice Anthony Kennedy Associate Justice Clarence Thomas Associate Justice Ruth Bader Ginsberg Associate Justice Stephen Breyer Associate Justice Samuel Alito Associate Justice Sonia Sotomayor Associate Justice Elena Kagan

Writ of Certiorari

A Petition for review by the Supreme Court of the United States; Certiorari means "to be informed of."

Facial Challenges

A broad legal claim based on the argument that the challenged law or government policy can never operate in compliance with the constitution.

Forum Shopping

A plaintiff choosing a court in which to sue because he or she believes the court will rule in the plaintiff's favor.

Concurring opinion

A separate opinion of a minority of the court or a single judge or justice agreeing with the majority opinion but applying different reasoning or legal principles.

Dissenting opinion

A separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority and challenging the majority's reasoning or the legal basis of the decision.

Amicus Brief

A submission to the court from an amicus curiae, or "friend of the court", an interested individual or organization who is not a party in the case.

memorandum order

An order announcing the vote of the Supreme Court without providing an opinion.

per curiam opinion

An unsigned opinion by the court as a whole.

Precedent

Case judgment that establishes binding authority and guiding principles for cases to follow on closely analogous questions of law within the court's jurisdiction.

State Court System

County, municipal, traffic, magistrate, etc - minor cases, arraignments Special Court - divorce, juvenille, family, housing, cases heard Superior Court - hears serious cases; most trials held there Court of Appeals - hears appeals from lower courts State Supreme Court - hears appeals from court of appeals

Due process

Fair legal proceedings. Due Process is guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution.

Vague Laws

Laws that either fail to define their terms or use such general language that neither citizens nor judges know with certainty what the laws permit or punish.

Stare Decisis

Literally "stand by the previous decision".

De Novo

Literally means "anew" or "over again". On appeal, the court may review the facts de novo rather than simply reviewing the legal posture and process of the case.

En Banc

Literally, "on the bench" but now meaning "in full court." The judges of a circuit court of appeals will sit en banc to decide important or controversial cases.

Moot

Term used to describe a case in which the issues presented are no longer "live" or in which the matter in dispute has already been resolved; a case is not moot if it is susceptible to repetition but evades review.

Original jurisdiction

The authority to consider a case as its inception, as contrasted with appellate jurisdiction.

Discretion

The authority to determine the proper outcome.

Rule of Law

The framework of a society in which pre-established norms and procedures provide for consistent, neutral decision making.

Jurisdiction

The geographic or topical area of responsibility and authority of a court.

judicial review pg 18

The power of the courts to determine the meaning of the language of the Constitution and to assure that no laws violate constitutional dictates.

Affirm

To ratify, uphold or approve a lower court ruling.

Overrule

To reverse the ruling of a lower court.

Remand

To send back to the lower court for further action.

Federal Court System

U.S. District Courts (94) U.S. Circuit Courts of Appeals (13) Supreme Court of the United States - "Highest Court in the Land"

Overboard law

Violates the principles of precision and specificity in legislation.