Chapter 15 terms Flashcards
Criminal law
The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment to criminal acts
Plaintiff
The individual or organization who brings complaint in court
Defendant
The one against whom a complaint is brought in a criminal or civil case
Civil law
The branch of law that deals with disputes that do not involve criminal penalties
Precedent
Prior case whose principles are used by judges as the basis for their decision in a present case
Stare decisis
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
Trial court
The first court to hear a criminal or civil case
Court of appeals
A court that hears appeals of trial court decisions
Plea bargain
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
Uniform Commercial Code
Code used in many states in the area of contract of law to reduce interstate differences in judicial decisions
Jurisdiction
The sphere of a court’s power and authority
Due process of law
The right of every citizen against arbitrary action by national or state government
Writ of habeas corpus
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
Chief justice
Justice on the Supreme Court who presides over the Court’s public sessions
Senatorial courtesy
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
Miranda rule
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
Standing
The right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome
Mootness
A criterion used by courts to screen cases that no longer require resolution
Writ of certiorari
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”
Solicitor general
The top government lawyer in all cases before the Supreme Court where the government is a party
Per curiam
A brief, unsigned decision by an appellate court, usually rejecting a petition to review the decision of a lower court
Amicus curiae
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
Brief
A written document in which attorneys explain, using case precedents, why the court should find in favor of their client
Oral argument
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
Opinion
The written explanation of the S.C.’s decision in a particular case
Dissenting opinion
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
Judicial restraint
Judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting its meaning
Judicial activism
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
Class-action suit
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
