Chapter 14 Flashcards

1
Q

Judicial Review

A

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.

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2
Q

Adversary System

A

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

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3
Q

Criminal law

A

A law that defines crimes against the public order

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4
Q

Civil law

A

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

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5
Q

Justicable dispute

A

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods

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6
Q

U.S. Attorney General

A

The chief law enforcement officer in the U.S. and the head of the Department of Justice

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7
Q

Solicitor General

A

The third-ranking official in the Department of Justice who is responsible for representing the U.S. In cases before the Supreme Court

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8
Q

Public Defender System

A

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

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9
Q

District Courts

A

Courts in which criminal and civil cases are originally tried in the federal judicial system

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10
Q

Circuit court of appeals

A

Courts with appellate jurisdiction that hear appeals from the decisions of lower courts

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11
Q

Original jurisdiction

A

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

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12
Q

Appellate jurisdiction

A

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

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13
Q

Precedent

A

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

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14
Q

Writ of habeas corpus

A

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

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15
Q

Senatorial courtesy

A

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

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16
Q

Judicial activism

A

A philosophy proposing that judged should strike down laws that are inconsistent with norms and values stated or implied in the Constitution

17
Q

Judicial restraint

A

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

18
Q

Writ of certiorari

A

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

19
Q

In forma pauperis

A

A petition that allows a part to file “as a pauper” and avoid paying Court fees

20
Q

Amicus curiae brief

A

“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

21
Q

Concurring opinion

A

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning

22
Q

Stare decisis

A

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