Before diving into the cases that made America, a good understanding of legal and Supreme Court vocabulary is necessary.The following words are basic vocabulary used throughout this activity.
Term
Definition
originalism
the belief that the U.S. Constitution should be interpreted according to the intent of those who composed and adopted it
“living” Constitution
a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text, and that there is an amendment process to change the Constitution
unanimous ruling
issued when the justices all agree on the outcome and the reasons for a decision in a case
majority opinion
a Supreme Court decision expressing the views of one more than half of the Court's members; the ruling of the Court then becomes law
brief
a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of the case
contentious
likely to cause disagreement or argument
writ of certiorari
an order issued by a superior court to direct that the record of the lower court be sent to the superior court for review
jurisdiction
the right of a court to hear a particular case, based on the scope of its authority over the type of case and the parties to the case
appellate court
on a Federal level, only hears cases which are brought before it for review after being heard at a district court
impeached
a person who is brought up on charges by the House of Representatives ready for a trial by the Senate
petition
a request for consideration
inherent
inseparably attached or connected
plenary power
complete and absolute power to take action on a particular issue, with no limitations
appellate litigation
a lawsuit that is occurring at the appeals level of the court system
concurring opinion
the views of any justices who agree with the outcome of a case, but use different reasoning than the majority
advisory opinion
a ruling on a law that has not yet been challenged in court and is only a comment on the laws constitutionality
dissenting opinion
an opinion written by a judge which is opposite to the majority opinion
amicus curiae brief
a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of the case but not from any of the participants in the case. Also called a friend of the court brief.
judicial restraint
a belief that judges should limit the use of their power to strike down laws, or to declare them unfair or unconstitutional, unless there is a clear conflict with the Constitution.
judicial activism
is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions
