Chapter 14 Flashcards
Judicial Review
The power of a court to refuse to enforce a law or government regulation that is in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
Adversary System
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
Criminal law
A law that defines crimes against the public order
Civil law
A law that governs relationships between individuals and defines their legal rights
Justicable dispute
A dispute growing out of an actual case or controversy that is capable of settlement by legal methods
U.S. Attorney General
The chief law enforcement officer in the U.S. and the head of the Department of Justice
Solicitor General
The third-ranking official in the Department of Justice who is responsible for representing the U.S. In cases before the Supreme Court
Public Defender System
An arrangement whereby public officials are hired to provide legal assistance to people accused f crimes who are the unable to hire their own attorneys
District Courts
Courts in which criminal and civil cases are originally tried in the federal judicial system
Circuit court of appeals
Courts with appellate jurisdiction 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 Supreme Court that is binding on all other 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 which approval to senators from the states in which the appointees are to work
Judicial activism
A philosophy proposing that judged should strike down laws that are inconsistent with norms and values stated or implied in the Constitution
Judicial restraint
A philosophy proposing that judges should strike down the actions of the elected branches of only if they clearly violate the literal meaning of 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 part to file “as a pauper” and avoid paying Court fees
Amicus curiae brief
“Friend of the. Kurt” brief, filed by an individual or organization to present arguments I addition to those presented by the immediate parties to a case
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
