What is an amicus curiae?'Friend of the Court.'' A government, organization, or individual, not a party to the case, who submits arguments to the Supreme Court or a lower court) pertaining to the issues in dispute. By Supreme Court rule, those who wish to participate as amici must obtain the consent of the parties or of the Court itself. The federal government and the state governments are exempt from this requirement.
What is appellate jurisdiction?The authority of a court to hear and decide a case that has been previously decided by a lower court. The U.S. Supreme Court primarily exercises appellate jurisdiction.
What is the attitude theory?An approach to understanding the behavior of Supreme Court justices by focusing on their political ideologies or policy preferences.
What is a brief?A written argument of law and fact submitted to a court by an attorney representing a party having an interest in the lawsuit.


What was the Burger Court?The period from 1969 to 1986, when the Court was under the leadership of Chief Justice Warren Burger. This period is associated with conservative rulings on many civil rights, civil liberties, and criminal justice issues.
What is certiorari (writ of)?An order of an appellate court to an inferior court to send up the records of a case that the appellate court has elected to review. It is the primary method by which the U.S. Supreme Court exercises its discretionary jurisdiction to accept appeals for a full hearing.
What is a concurring opinion?An opinion expressing the position of justices who agree with the majority's disposition of the case but wish to express additional or alternate views regarding that disposition.
What is the Conference (of Supreme Court Justices)?The private gathering of the justices, with no other persons present, for the purpose of acting on writ of certiorari petitions, deciding argued cases, and tending to other Court business.


What is dicta (obiter dicta)?Those portions of a judge's opinion that are not essential to deciding the case.
What is the discuss list?A list of writ of certiorari petitions that the chief justice believes merit serious consideration. The list is circulated to the associate justices, who may add petitions to the list but may not remove any. Petitions not making the list are denied without further consideration . Those on the list are discussed by the justices in conference.
What is a dissenting opinion?An opinion announcing the decision of a court with supporting reasoning that is endorsed by less than a majority of the judges participating. Because it lacks majority support, a plurality opinion carries little weight as precedent. Also called a ''judgment.''
What is in forma pauperis?''As a pauper.'' The status granted to indigent parties who do not have the funds necessary to comply with all the procedures and pay the fees associated with being a party to a legal proceeding. Various requirements are waived to accommodate such persons.


What is judicial activism?When judges vigorously review the actions of the other branches, strike down government acts the judges believe are unconstitutional, and impose far-reaching remedies to right constitutional violations.
What is judicial restraint?When judges refrain from interfering with the operations of the political branches of government unless absolutely necessary and impose remedies that are narrowly tailored to correct constitutional violations.
Who are law clerks (Supreme Court)?Recent law school graduates hired by the individual justices to assist them in their work. Associate justices currently are authorized to hire four law clerks and the chief justice, five.
What is middle-tier scrutiny?Requires ''substantially related'' means and an important objective.


What is minimal scrutiny?The easiest standard of review; requires a rational relation and a legitimate objective.
What is the opinion (majority) assignment procedure?When the Supreme Court has reached a tentative decision on a case, one member of the majority is assigned the task of writing the opinion of the Court. When voting with the majority, the chief justice makes the assignment. When the chief justice dissents, the most senior associate justice in the majority makes the assignment.
What is the opinion of the Court (majority opinion)?An opinion representing the position of the majority of the justices in a given case.
What is an oral argument?A public Supreme Court proceeding during which attorneys for each side present arguments and submit to questions from the justices. In normal cases each side is given thirty minutes to address the Court. Similar forms of oral argument occur in the lower courts.


Define original intent.A mode of constitutional interpretation that emphasizes reasons why the framers included specific provisions in the Constitution and the effect those provisions were intended to have.
What is original jurisdiction?The authority of a court to hear and decide a case that has not been previously heard by any other court. The U.S. Supreme Court has a limited degree of original jurisdiction as granted by Article III of the Constitution.
What is original meaning or understanding?A mode of constitutional interpretation that emphasizes the meaning of the words as they were ordinarily understood at the time they were written.
Who is the petitioner/appellant?The party asking an appellate court to review and reverse the decision of a lower court.


What is a plurality opinion?An opinion announcing the decision of a court with supporting reasoning that is endorsed by less than a majority of the judges participating. Because it lacks majority support, a plurality opinion carries little weight as precedent. Also called a ''judgment.''
What is pragmatism?A mode of constitutional analysis that considers the probable policy consequences of alternative interpretations and favoring those that would have the most beneficial effects.
What is ratio decidendi?The central core or basic ruling of a court opinion. Ratio decidendi constitutes the precedent set by the court's decision.
What is the rational basis test?Government action will be overturned only if the government has acted in a completely arbitrary and irrational way.


Who is the respondent/appellee?The prevailing party in the lower court who urges a higher court to uphold the lower court's ruling.
What is role theory?An approach to understanding the behavior of Supreme Court justices that posits a justice will behave in a manner consistent with what he or she believes a ''good judge'' should do.
What is the Rule of Four?The traditional practice of requiring the support of at least four justices before the Court issues a writ of certiorari accepting a case for review.
Who is the Solicitor General of the United States?The Justice Department official whose primary responsibility is to represent the interests of the federal government before the Supreme Court.


What is stare decisis?'Let the decision stand.'' A mode of constitutional interpretation that relies on previously established rulings (precedent).
What are strategic theories of decision making?Approaches to understanding judicial behavior that emphasize that individual justices cannot independently impose their own legal preferences. Rather, judges are constrained by institutional rules, the preferences of their fellow judges, and the potential reactions of political actors outside the Court.
What is strict scrutiny?The toughest standard, requires necessary means and a compelling objective; the government action will be upheld only if the government goal is ''compelling,'' and the method chosen by the government is ''necessary.''
What is textualism?A mode of constitutional interpretation that employs a literal reading of the words used.


What are the United States Reports?The official government source in which Supreme Court opinions are published.
What was the Warren Court?The period from 1953 to 1969, when the Court was under the leadership of Chief Justice Earl Warren. This period is associated with liberal rulings in the areas of civil rights, civil liberties, and criminal justice.
What is a writ of certiorari petition?A request from a party to a lawsuit (the petitioner) to have a higher court (e.g., the Supreme Court) exercise its discretionary authority to order an inferior court to send up the records of a case for appellate review. It is the primary method by which the U.S. Supreme Court exercises its discretionary jurisdiction to accept appeals for a full hearing.
What is certification?A procedure whereby a lower court requests that a superior court rule on a specified legal questions so that the lower court may correctly apply the law.