The power of the courts to declare acts of the legislature and of the

Judicial Review
executive to be unconstitutional and hence null and void.
Strict-
The view that judges should decide on cases on the basis of the language of
Constructionist
the constitution.
approach
The view that judges should discern the general principles underlying the
constitution and its often vague language and assess how best to apply them
Activist approach
in contemporary circumstances, in some cases with the guidance of moral or
economic philosophy.
Constitutional A federal court exercising the judicial powers found in Article III of the
Court Constitution and whose judges are given constitutional protection.
The lowerst federal courts where federal cases begin. They are the only
District Courts federal courts where trials are held. There are 94 in the entire US and its
territories.
The federal courts with authority to review decisions by federal districts
courts, regulatory commissions and certain other federal courts. SUch
Courts of Appeals
courts have no original jurisdiction, the can only hear appeals. There are
only 12
A court that is created by Congress for some specialized pupose and
Legislative court staffed with judges who do not enjoy the protection of Article III of the
Constitution.
The term is used in politics to mean a test of ieological purity, a way of
Litmus Test finding out whether a person is a dyed in the wool liberal or conservative, or
what his or her views are on a controversial question.
Federal question Cases concerning the constitution, federal law, or treaties over which the
cases federal courts have jurisdiction as described in the Constitution.
Cases involving citizens of different states over which the federal courts
Diversity Cases
have jurisdiction as described by the constituion.
The body of rules defining relationships among private citizens. IT consists
Civil Law of both statutes and accumulated customary law embodied in judicial
decisions. (The "Common Law")
The body of rules defining offenses that, though they harm an individual,
Criminal Law are considered to be offenses against society as a whole and as a
consequence warrant punishment by and in the name of society.
A latin term meaning "made more certain". An order issued by a higher
court to a lower court to send up the record of a case for review. Most
Writ of certiorari
cases reach the Supreme Court through the writ of certiorari. (4 out of 9
Justices)
A procedure whereby a poor person can file and be heard in court as a
In Forma Pauperis
pauper, free or charge.
 A law or rule that allows the plaintiff (the party that initiates the lawsuit)
Fee Shifting
to collect its legal costs from the defendant if the defendant loses.
The party that initiates a lawsuit to obtain a remedy for an injury to his or
Plaintiff
her rights.
A legal concept establishing who is entitled to bring a lawsuit to court. For
Standing example, an individual must ordinarily show personal harm in order to
acquire standing and be heard in court.
A doctrine that a citizen cannot sue the government without its consent. By
Sovereign immunity statute, congress has given its consent for the government to be sued in
many cases involving a dispute over a contract or damage done as a result of
negligence.
A case brought into court by a person on behalf of not only himself or
Class action Suit
herself, but all other persons in the country under similar circumstances.
A legal document prepared by an attorney representing a party before a
Brief court. The document sets forth the facts of the case, summarizes the law,
gives the arguments for its side, and discusses other relevant cases.
A latin term meaning "A friend of the court". Refers to interested groups
Amicus Curiae or individuals, not directly involved in a suit, who may file legal briefs or
make oral arguments in support of one side.
Per Curiam Opinion
A brief, unsigned opinion issued by the Supreme Court to explain its ruling.

Opinion of the A supreme Court opinion written by one or more justices in the majority to
COurt explain the decision in a case.
A supreme court opinion by one or more justices in the minority to explain
Dissenting opinion
the minority's dissagreement with the court's ruling.
A supreme court opinion by one or more justices who agree with the
Concurring opinion
majority's conclusion but for different reasions.
A latin term meaning "let the decision stand". The practice of basing judicial
Stare Decisis
decisions on precedents established in similar cases decided in the past.
An issue that the Supreme Court refuses to consider because it believes
Political question the Constution has left it entirely to another branch to decide. Its view of
such issues may change over time.
Remedy A judicial order preventing or redressing a wrong or enforcing a right.