Chapter 10 Flashcards
Judicial review
power of the court to determine if a law or government regulation is legal according to the constitution.
Adversary system
Judicial system in which the court of law is a neutral arena where two parties argue their differences. Idea that arguing encourages fairness.
Criminal law
law that defines crimes against the public order
civil law
law that governs relationships between individuals and defines their legal rights.
prosecutor
government lawyer that tries criminal cases, DA ir US attorney
plea bargin
agreement between prosecutoor and defendent that the defendent will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
justiciable dispute
dispute growing out of an actual case that is capable of settlement by legal disputes.
plantiff
party instigating a civil lawsuit
Solicitor general
third ranking official in the department of justice, who is responsible for representing the US in cases before the US supreme court.
Public defender system
arrangement whereby public officials are hired to providee legal asssistance 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
Circuit court of appeals
courts with appeals jursidiction that hear appeals from the decisions of lower 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 SC that is binding on all federal courts.
writ of habeas corpus
a court order requiring explanation to a judge why a prisoner is being held in custody.
senatorial courtesy
the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which they are to work.
Judicial activism
a philosophy proposing that judges should freely strike down laws enacted by democratically elected branches.
Judicial restraint
a philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the Constitution.
writ of certiorari
a formal writ used to bring a case before congress
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 a decision of the supreme court or any other appellate court.
dissenting opinion
an opinion disagreeing with the 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.
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.
