Chapter 10

Question 1

Judicial review

Answer 1

power of the court to determine if a law or government regulation is legal according to the constitution.

Question 2

Adversary system

Answer 2

Judicial system in which the court of law is a neutral arena where two parties argue their differences. Idea that arguing encourages fairness.

Question 3

Criminal law

Answer 3

law that defines crimes against the public order

Question 4

civil law

Answer 4

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

Question 5

prosecutor

Answer 5

government lawyer that tries criminal cases, DA ir US attorney

Question 6

plea bargin

Answer 6

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.

Question 7

justiciable dispute

Answer 7

dispute growing out of an actual case that is capable of settlement by legal disputes.

Question 8

plantiff

Answer 8

party instigating a civil lawsuit

Question 9

Solicitor general

Answer 9

third ranking official in the department of justice, who is responsible for representing the US in cases before the US supreme court.

Question 10

Public defender system

Answer 10

arrangement whereby public officials are hired to providee legal asssistance to people accused of crimes who are unable to hire their own attorneys.

Question 11

District courts

Answer 11

courts in which criminal and civil cases are originally tried

Question 12

Circuit court of appeals

Answer 12

courts with appeals jursidiction that hear appeals from the decisions of lower courts

Question 13

original jurisdiction

Answer 13

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

Question 14

Appellate jurisdiction

Answer 14

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

Question 15

Precedent

Answer 15

a decision made by a higher court such as a circuit court of appeals or the SC that is binding on all federal courts.

Question 16

writ of habeas corpus

Answer 16

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

Question 17

senatorial courtesy

Answer 17

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

Question 18

Judicial activism

Answer 18

a philosophy proposing that judges should freely strike down laws enacted by democratically elected branches.

Question 19

Judicial restraint

Answer 19

a philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the Constitution.

Question 20

writ of certiorari

Answer 20

a formal writ used to bring a case before congress

Question 21

in forma pauperis

Answer 21

a petition that allows a party to file as a pauper and avoid paying court fees.

Question 22

docket

Answer 22

the list of potential cases that reach the Supreme Court

Question 23

amicus curiae brief

Answer 23

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.

Question 24

opinion of the court

Answer 24

an explanation of a decision of the supreme court or any other appellate court.

Question 25

dissenting opinion

Answer 25

an opinion disagreeing with the majority in a supreme court ruling.

Question 26

concurring opinion

Answer 26

an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning.

Question 27

stare decisis

Answer 27

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.