Chapter 15 terms

Question 1

Criminal law

Answer 1

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment to criminal acts

Question 2

Plaintiff

Answer 2

The individual or organization who brings complaint in court

Question 3

Defendant

Answer 3

The one against whom a complaint is brought in a criminal or civil case

Question 4

Civil law

Answer 4

The branch of law that deals with disputes that do not involve criminal penalties

Question 5

Precedent

Answer 5

Prior case whose principles are used by judges as the basis for their decision in a present case

Question 6

Stare decisis

Answer 6

Literally, “let the decision stand.” The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled

Question 7

Trial court

Answer 7

The first court to hear a criminal or civil case

Question 8

Court of appeals

Answer 8

A court that hears appeals of trial court decisions

Question 9

Plea bargain

Answer 9

A negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreements to reduce the severity of the criminal charge or prison sentence the defendant is facing

Question 10

Uniform Commercial Code

Answer 10

Code used in many states in the area of contract of law to reduce interstate differences in judicial decisions

Question 11

Jurisdiction

Answer 11

The sphere of a court’s power and authority

Question 12

Due process of law

Answer 12

The right of every citizen against arbitrary action by national or state government

Question 13

Writ of habeas corpus

Answer 13

A court order that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

Question 14

Chief justice

Answer 14

Justice on the Supreme Court who presides over the Court’s public sessions

Question 15

Senatorial courtesy

Answer 15

The practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that the senators from the candidate’s own state support the nomination

Question 16

Miranda rule

Answer 16

The requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to havethebenefit of legal counsel

Question 17

Standing

Answer 17

The right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome

Question 18

Mootness

Answer 18

A criterion used by courts to screen cases that no longer require resolution

Question 19

Writ of certiorari

Answer 19

A decision of at least four of the nine Supreme court justices to review a decision of a lower court; from the Latin “to make more certain”

Question 20

Solicitor general

Answer 20

The top government lawyer in all cases before the Supreme Court where the government is a party

Question 21

Per curiam

Answer 21

A brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court

Question 22

Amicus curiae

Answer 22

Literally, “friend of the court”; individuals or groups who are not parties to a lawsuit but who seek to assist S.C. in reaching a decision by presenting additional briefs

Question 23

Brief

Answer 23

A written document in which attorneys explain, using case precedents, why the court should find in favor of their client

Question 24

Oral argument

Answer 24

Stage in S.C. procedure in which attorneys for both sides appear before the court to present their positions and answer questions posed by justices

Question 25

Opinion

Answer 25

The written explanation of the S.C.’s decision in a particular case

Question 26

Dissenting opinion

Answer 26

A decision written by a justices in the minority in a particular case in which the justice wishes to express his or her reasoning in the case

Question 27

Judicial restraint

Answer 27

Judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning

Question 28

Judicial activism

Answer 28

Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions

Question 29

Class-action suit

Answer 29

A legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest