The Judicial Branch And the Federal Courts

Jurisdiction A court’s authority to hear and decide a case.

Exclusive Jurisdiction The sole right to hear and decide a certain type of case, depending either on the subject matter of a case or the parties involved.

Concurrent Jurisdiction Cases that fall under jurisdiction of both state and federal courts.

Plaintiff The person making a legal complaint in court. (p. 221)

Defendant The person against whom a complaint is filed.

Original jurisdiction The authority of a court to be the first court to hold a hearing.

Appellate jurisdiction The authority of some courts to review decisions made by lower courts.

Judicial restraint The concept that a judge should interpret the Constitution based on the Framers’ original intentions.

Judicial activism The concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances.

Precedent An earlier court decision that guides judges’ decisions in later cases.

Senatorial courtesy The tradition that a senator from the same state as a nominee to a federal district court and the same political party as the president can block a nomination for virtually any reason.

Lower Federal Courts Section 2

Grand juries Panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges.

Bankruptcy A legal process by which a person who cannot pay money they owe to others can receive court protection and assistance in settling their financial problems.

Magistrate judges District court officials responsible for overseeing some of the early hearings of a criminal trial at which routine matters are carried out, and who may also hear misdemeanor criminal cases and certain civil cases.

Misdemeanor A minor crime.

Public defenders Lawyers appointed by the court to represent defendants in criminal trials who cannot afford to hire legal counsel.

Marshals Law enforcement officers who provide security and police protection at federal courthouses, transport prisoners, help track down and arrest people accused of crimes, and provide protection to witnesses federal cases.

Appellant A person who files an appeal.

Briefs Written arguments filed by the parties in an appeal.

Sovereign immunity The principle that a sovereign government cannot be taken to court unless it agrees to be sued.

Courts-martial Hearings held for the trial of military personnel accused of violating military law.

The Supreme Court Section 3

Writ of certiorari An order by a higher court seeking a review of a lower court case.

Docket The list of cases to be heard before a court.

Majority opinion The Supreme Court’s ruling in a case that is signed by at least five of the nine members of the Court.

Concurring opinions Statements by Supreme Court justices who agree with the overall conclusion in the case, but stress some different or additional legal reasoning.

Dissenting opinion Statement written by Supreme Court justices who disagree with the majority’s decision; these opinions do not have a direct legal impact on the case, but they can influence future judgments.