baron's Flashcards
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.
Judicial review
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
Adversary system
A law that defines crimes against the public order.
Criminal law
A law that governs relationships between individuals and defines their legal rights.
Civil law
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
Justiciable dispute
In a criminal action, the person or party accused of an offense.
defendent
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.
Plea bargain
Arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
Public defender system
The authority of a court to hear a case “in the first instance.”
Original jurisdiction
The authority of a court to review decisions made by lower courts.
Appellate jurisdiction
A court with appellate jurisdiction that hears appeals from the decisions of lower courts.
Court of appeals
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.
precedent
A court order requiring explanation to a judge why a prisoner is being held in custody.
Writ of habeas corpus
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Senatorial courtesy
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
Judicial restraint
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
Judicial activism
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.
Stare decisis
A formal writ used to bring a case before the Supreme Court.
Writ of certiorari
The list of potential cases that reach the Supreme Court.
Docket
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.
Amicus curiae brief
An explanation of the decision of the Supreme Court or any other appellate court.
Opinion of the court
An opinion disagreeing with a majority in a Supreme Court ruling.
Dissenting opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Concurring opinion
Officer of the Senate selected by the majority party to act as chair in the absence of the vice president.
President pro tempore
A permanent committee established in a legislature, usually focusing on a policy area.
Standing committee
A congressional committee created for a specific purpose, sometimes to conduct an investigation.
Special or select committee
A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.
Joint committee
Special spending projects that are set aside on behalf of individual members of Congress for their constituents.
Earmarks
Those citizens who follow public affairs closely.
Attentive public
Petition that, if signed by majority of the House of Representatives’ members, will pry a bill from committee and bring it to the floor for consideration.
Discharge petition
A provision attached to a bill – to which it may or may not be related – in order to secure its passage or defeat.
Rider
A formal agreement between a U.S. president and the leaders of other nations that acquires approval by both houses of Congress.
Congressional-executive agreement
The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.
Take care clause
The tendency of presidents to lose support over time.
Cycle of decreasing influence
A rising public approval of the president that follows a crisis as Americans “rally ’round the flag” and the chief executive.
Rally point
