[http://schoollaw.info]
§ Glossary §
a law reference for school leaders



Glossary
Amicus Curiae - Latin for "friend of the court." (The plural is "amici curiae," and both are often abbreviated to simply "amicus" or "amici.") The Solicitor General files amicus curiae briefs in cases in which the government is not a party, but has interests or views that may be helpful to the Court in considering and deciding a case. The government often files such briefs once the Court has decided to review a case on the merits. It is much less common for the Solicitor General to file an amicus curiae brief at the petition stage, except in response to an invitation from the Court.

Example 1: Brief for the United States as Amicus Curiae Supporting Petitioners in Gratz and Hamacher v. Bollinger, et. al.

Example 2: Brief for the United States as Amicus Curiae Supporting Petitioner in Grutter v. Bollinger, et. al.   
Certiorari - Latin name for a writ that directs a lower court to deliver the record of proceedings in a case to a higher court for review. Often abbreviated "cert." (pronounced "sert"). Under present law, most cases come to the Supreme Court on a petition for a writ of certiorari (filed by the party that loses in the lower court). The Court has the discretion to grant or deny any petition. If the Court grants a petition, the case is usually set for full briefing by the parties, followed by oral argument and, ultimately, a written decision by the Court affirming, reversing, or modifying the decision of the lower court. If the Court denies a petition, the lower court's judgment remains intact. The Court's denial of review does not, however, express any view on the merits of the underlying questions presented by the case, and has no precedential value in and of itself.
Docket Numbers - The Supreme Court assigns a unique docket number to every case when the petition, jurisdictional statement, or other initial pleading is filed. The docket number appears on every brief filed in the case. For cases within the Court's certiorari or appelate jurisdiction, the first two digits of the docket number indicate when the petition or other initial pleading was first filed, while the remaining numbers are assigned sequentially depending on the date of filing. Paid cases (see below) are assigned sequential numbers beginning with 1, while In Forma Pauperis - IFP cases (see below) are assigned numbers beginning with 5000. The Court now changes its "docket year" each summer when the Court rises for the summer recess, usually at the end of June. Note, however, that the Supreme Court Term does not formally end until the succeeding October Term begins. Thus, a petition for certiorari filed in August of 1998 will bear a docket number beginning with "98-", but it is still filed during the October 1997 Term.
Paid Cases - A petition for certiorari or other initial pleading filed with the Court must generally be printed, and accompanied by a docketing fee of $300. The response to such a petition must also be printed. Cases in which the initial pleading is printed and the filing fee has been paid are sometimes referred to as "paid cases," to distinguish them from IFP cases
In Forma Pauperis (IFP) - A litigant who cannot afford to bear certain ordinary court costs may ask the Court for leave to proceed "in forma pauperis," or "IFP." If leave is granted, the litigant may file a petition or other initial pleading in typewritten rather than printed form, and without paying the normal $300 docketing fee. The response to an IFP petition may also be filed in typescript rather than printed.
Term - add definition here
Term - add definition here
Term - add definition here
«


©
John Holly