4D Vocab Flashcards

1
Q

Judicial review

A

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

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2
Q

Adversary system

A

A judicial system in which the court of law is a neutral arena where two parties argue their differences

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3
Q

Criminal law

A

A law that defines crimes against the public order

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4
Q

Civil law

A

A law that governs relationships between individuals and defines their legal rights

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5
Q

Prosecutor

A

Government lawyer who tries criminal cases, often referred to as a district attorney or a U.S. Attorney

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6
Q

Defendant

A

In a criminal action, the person or party accused of an offense

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7
Q

Plea bargain

A

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

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8
Q

Justiciable dispute

A

A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods

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9
Q

Plaintiff

A

The party instigating a civil lawsuit

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10
Q

US Attorney General

A

The chief law enforcement officer in the U.S. and the head of the Department of Justice

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11
Q

Solicitor general

A

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

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12
Q

Public defender system

A

Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys

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13
Q

District courts

A

Courts in which criminal and civil cases are originally tried in the federal judicial system

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14
Q

Circuit court of appeals

A

A court with appellate jurisdiction that hears appeals from the decisions of lower courts

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15
Q

Supreme Court

A

The court of last resort in the U.S. It can hear appeals from federal circuit courts or state high courts

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16
Q

Original jurisdiction

A

The authority of a court to hear a case “in the first instance”

17
Q

Appellate jurisdiction

A

The authority of a court to review decisions made by lower courts

18
Q

Precedent

A

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

19
Q

Writ of habeas corpus

A

A court order requiring explanation to a judge why a prisoner is being held in custody

20
Q

Senatorial courtesy

A

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which appointees are to work

21
Q

Judicial activism

A

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values

22
Q

Judicial restraint

A

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say

23
Q

Writ of certiorari

A

A formal writ used to bring a case before the Supreme Court

24
Q

In forma pauperis

A

A petition that allows a party to file “as a pauper” and avoid paying Court fees

25
Docket
The list of potential cases that reach the Supreme Court
26
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
27
Opinion of the Court
An explanation of the decision of the Supreme Court or any other appellate court
28
Dissenting opinion
An opinion disagreeing with a majority in a Supreme Court ruling
29
Concurring opinion
An opinion that agrees with the majority in the Supreme Court ruling but differs on the reasoning
30
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