4D Vocab Flashcards

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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
Q

Docket

A

The list of potential cases that reach the Supreme Court

26
Q

Amicus curiae brief

A

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
Q

Opinion of the Court

A

An explanation of the decision of the Supreme Court or any other appellate court

28
Q

Dissenting opinion

A

An opinion disagreeing with a majority in a Supreme Court ruling

29
Q

Concurring opinion

A

An opinion that agrees with the majority in the Supreme Court ruling but differs on the reasoning

30
Q

Stare decisis

A

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