4.4 Flashcards
Judicial Review
The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
Adversary System
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
Justiciable dispute
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
Class action suit
lawsuits in which a small number of people sue on behalf of all people in similar circumstances
Defendant
In a criminal action, the person or party accused of an offense.
Plea bargain
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
Public defender system
Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
Political question
A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress.
Writ of habeas corpus
A court order requiring explanation to a judge why a prisoner is being held in custody.
Original jurisdiction
: The authority of a court to hear a case “in the first instance.”
Appellate jurisdiction
The authority of a court to review decisions made by lower courts.
Grand jury
a jury of 12-23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trail. If the jury believes was committed, it issues an indictment.
Petit jury
A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action.
Magistrate judge
officials who hear cases against accused persons and decide whether those cases should be brought before a grand jury
Court of appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts.
Senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Judicial self-restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
Judicial activism
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
Stare decisis
The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
Writ of certioriari
A formal writ used to bring a case before the Supreme Court.
Amicus curiae brief
Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
Opinion of the court
An explanation of the decision of the supreme court or any other appellate court
Dissenting opinion
An opinion disagreeing with a majority in a Supreme Court ruling
Concurring opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
