4D Vocab Flashcards
Judicial review
The power of a court to review laws or government regulations to determine whether they are consistent 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
Criminal law
A law that defines crimes against the public order
Civil law
A law that governs relationships between individuals and defines their legal rights
Prosecutor
Government lawyer who tries criminal cases, often referred to as a district attorney or a U.S. Attorney
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
Justiciable dispute
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
Plaintiff
The party instigating a civil lawsuit
US Attorney General
The chief law enforcement officer in the U.S. and the head of the Department of Justice
Solicitor general
The third ranking official in the Department of Justice who is responsible for representing the U.S. in cases before the U.S. Supreme Court
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
District courts
Courts in which criminal and civil cases are originally tried in the federal judicial system
Circuit court of appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts
Supreme Court
The court of last resort in the U.S. It can hear appeals from federal circuit courts or state high courts
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
Precedent
A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts
Writ of habeas corpus
A court order requiring explanation to a judge why a prisoner is being held in custody
Senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which appointees are to work
Judicial activism
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
Judicial restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
Writ of certiorari
A formal writ used to bring a case before the Supreme Court
In forma pauperis
A petition that allows a party to file “as a pauper” and avoid paying Court fees
Docket
The list of potential cases that reach 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 the Supreme Court ruling but differs on the reasoning
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
