Chapter 13 the judicial branch Flashcards

0
Q

Adversary system

A

A judicial system in which the court of law is a neutral arena where two parties argue there differences

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1
Q

Judicial review

A

The power of the court to determine wether a law or goverment regulation is consistent with the U.S. Constitution

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2
Q

Criminal law

A

A law that defines crimes against public order

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3
Q

Civil law

A

A law that governs relationships between people and defines there legal rights

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4
Q

Prosecutor

A

Goverment lawyer that handles criminal cases often referred to as a district attorney

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5
Q

Defendant

A

In a criminal action that who is being accused

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6
Q

Plea bargain

A

An agreement between the prosecutor and defendant that the defendant will plea to a smaller offense to avoid ha ing to stand trial

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7
Q

Plaintiff

A

The party insinuating a civil lawsuit

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8
Q

U.S. attorney general

A

Chief law enforcement of the U.S. And heads the department of justice

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9
Q

Solicitor general

A

Represents us in cases before the Supreme Court

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10
Q

Public defender system

A

The court can appoint lawyers to those who cannot afford one

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11
Q

District courts

A

Where most criminal and civil cases go

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12
Q

Court of appeals

A

Courts will appellate power and listen to ruining from lower courts

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13
Q

Supreme Court

A

The last resort takes cases from other courts

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14
Q

Original jurisdiction

A

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

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15
Q

Appellate decision

A

The authority of the court to review decision of the lower courts

16
Q

Precedent

A

A decision made by a higher court which binds smaller courts

17
Q

Writ of habeus corpus

A

A court order of why a criminal is being held in custody

18
Q

Senatorial courtesy

A

The presidential custom of submitting the name of a prospective appointee for senator approval from that state

19
Q

Judicial activism

A

A philosophy that judges should strike down any law enacted by democratically elected branches

20
Q

Judicial restraint

A

A philosophy that a judge should strike down a law if it clearly violates the constitution

21
Q

Writ of certiorari

A

A formal writ used to bring a case before the Supreme Court

22
Q

In forma pauperis

A

A petition that allows a party to file so they don’t have to pay a fee

23
Q

Docket

A

A list of potential cases that Make it to the Supreme Court

24
Q

Opinion of the court

A

A explanation of a decision made by the Supreme Court

25
Q

Dissenting opinion

A

An opinion disagreeing with the majority

26
Q

Concurring opinion

A

An opinion that agrees with the majority

27
Q

Stare decisis

A

Judges are binded to the decision they make