Chapter 13 the judicial branch Flashcards
Adversary system
A judicial system in which the court of law is a neutral arena where two parties argue there differences
Judicial review
The power of the court to determine wether a law or goverment regulation is consistent with the U.S. Constitution
Criminal law
A law that defines crimes against public order
Civil law
A law that governs relationships between people and defines there legal rights
Prosecutor
Goverment lawyer that handles criminal cases often referred to as a district attorney
Defendant
In a criminal action that who is being accused
Plea bargain
An agreement between the prosecutor and defendant that the defendant will plea to a smaller offense to avoid ha ing to stand trial
Plaintiff
The party insinuating a civil lawsuit
U.S. attorney general
Chief law enforcement of the U.S. And heads the department of justice
Solicitor general
Represents us in cases before the Supreme Court
Public defender system
The court can appoint lawyers to those who cannot afford one
District courts
Where most criminal and civil cases go
Court of appeals
Courts will appellate power and listen to ruining from lower courts
Supreme Court
The last resort takes cases from other courts
Original jurisdiction
The authority of a court to hear a case “in the first instance”
Appellate decision
The authority of the court to review decision of the lower courts
Precedent
A decision made by a higher court which binds smaller courts
Writ of habeus corpus
A court order of why a criminal is being held in custody
Senatorial courtesy
The presidential custom of submitting the name of a prospective appointee for senator approval from that state
Judicial activism
A philosophy that judges should strike down any law enacted by democratically elected branches
Judicial restraint
A philosophy that a judge should strike down a law if it clearly violates the constitution
Writ of certiorari
A formal writ used to bring a case before the Supreme Court
In forma pauperis
A petition that allows a party to file so they don’t have to pay a fee
Docket
A list of potential cases that Make it to the Supreme Court
