Chapter 2 - Structures of American Law - Terminology Flashcards
Departments of federal, state and local governments exercising regulatory authority over designated areas of services or control
administrative agencies
The body of law dealing with the structure, authority, policies and procedures of administrative and regulatory agencies
administrative law
A system of justice involving conflicting parties where the role of the judge is to remain neutral
adversarial system
A method of resolving disputes without judicial adjudication. The usual means are arbitration and mediation.
alternative dispute resolution
Appeals brought to higher courts as a matter of right under federal or state law
appeals of right
Judicial tribunals that review decisions from lower tribunals
appellate courts
The legal authority of a court of law to hear an appeal from or otherwise review a decision by a lower court
appellate jurisdiction
Procedure whereby controversies are resolved by a referee or a panel of referees who make a decision on the merits of a controversy after presentations by the disputants
arbitration
The highest legal officer of a state or of the US
Attorney General
Federal agency located within the Department of the Treasury empowered to enforce federal statutes dealing with intoxicating beverages, tobacco products, guns and explosives
Bureau of Alcohol, Tobacco and Firearms
Intentional disobedience of a court order
civil contempt
Any court action other than a criminal prosecution
civil suits
A judicial tribunal consisting of more than one judge, for example, federal and state appellate courts
collegial courts
Style of policing in which officers attempt to form constructive and respectful relationships with the communities they serve
community-oriented policing
Jurisdiction that is shared by different courts of law
concurrent jurisdiction
Powers exercise jointly by the state and federal governments.
concurrent powers
the national legislature of the US established by Article I of the Constitution
Congress
An action that embarrasses, hinders, obstructs or is calculated to lessen the dignity of a court of law
contempt/criminal contempt
Specialized federal trial court established to adjudicate tort claims brought against agencies of the US government
Court of Federal Claims
A federal court that hears cases involving the federal government and importers of goods
Court of International Trade
the highest court in a judicial system, the last resort for deciding appeals
court of last resort
a federal court that hears appeals from denials of veterans’ benefits
Court of Veterans’ Appeals
military court
court-martial
process by which a person is charged with a criminal offense
criminal prosecutions
Monetary compensation awarded by a court to a person who has suffered injuries or losses to person or property as a result of someone else’s conduct
damages
The department of the federal government that is headed by the Attorney General and staffed by the United States Attorneys
Department of Justice
the authority of federal courts to hear lawsuits in which the parties are citizens of different states and the amount in controversy exceeds $75,000
diversity of citizenship jurisdiction
Power specific in the text of the federal and state constitutions
enumerated powers
The primary federal agency charged with investigating violations of the federal crime laws
Federal Bureau of Investigation
Judges appointed to preside over pretrial proceedings, try misdemeanor cases and with consent of parties handle civil trials in federal courts
federal magistrate judges
The authority of federal courts to decide issues of national law
federal question jurisdiction
Constitutional distribution of government power and responsibility between the national government and states
federalism
Evidence usually in the form of testimony offered by a forensic expert (application of scientific knowledge to legal principles)
forensic evidence
- Impugning the credibility of a witness by introducing contradictory evidence or proving his or her bad character 2. A legislative act that brings a charge against a public official that, if proven, will result in his or her removal from office
impeachment
Powers not specifically enumerated but implied by the constitutions, statutes, contracts, etc.
implied powers
Federal agencies located outside the major Cabinet-level departments
independent agencies
A special prosecutor appointed to investigate and, if warranted, prosecute official misconduct
independent counsel
A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury
injunction
Appellate courts positioned below the supreme or highest appellate court. Their primary function is to decide routine appeals not deserving review by the SC.
intermediate appellate courts
The idea that judges should answer the the public for their decisions, primarily through the ballot box
judicial accountability
Agencies established by state legislatures to investigate complaints of judicial misconduct
judicial disciplinary commissions
the idea that judges should be free from public pressure in making decision based on the rule of law
judicial independence
Generally, review of any issue by a court of law. In constitutional law, refers to authority of a court to invalidate acts of government on constitutional grounds
judicial review
Staff attorneys who read petitions for certiorari and prepare summary memoranda for the Chief Justice
law clerks
government agencies empowered to arrest and detail persons who violate the criminal law
law enforcement agencies
members of a legislature
legislators
elected lawmaking body such as US Congress or a state assembly
legislature
Any informal, non-adversarial process whereby a neutral third person facilitates resolution of a dispute between parties by exploring issues and settlement alternatives
mediation
Plan for merit-based selection and retention of state judges; originated in Missouri in 1940
Missouri Plan
method of settling disputes between parties without a formal trial
negotiations
written statement accompanying a judicial decision, authored by one or more judges, supporting or dissenting from that decision
opinion
authority of a court of law to hear a case in the first instance
original jurisdiction
refers to the governmental responsibility of a legislative body to monitor the activities of government agencies it created
oversight
a legal assistant trained to perform certain legal functions under supervision of a lawyer
paralegal
negotiations leading to an agreement between a defendant and a prosecutor whereby the defendant agrees to plead guilty in exchange for some concession (such as a reduction in the number of charges brought)
plea bargaining
power of government to legislate to protect public health, safety, welfare and morality
police power
requirement that members of the legal profession adhere to a code of professional ethics
professional responsibility
leeway afforded to prosecutors in determining whether or not to bring charges and to engage in a plea bargain
prosecutorial discretion
a public official empowered to initiate criminal charges and conduct prosecutions
prosecutor
agencies empowered by statutes to promulgate and enforce regulations within particular substantive areas
regulatory agencies
Court orders prohibiting named persons from taking specified actions
restraining orders
rules that govern the introduction of evidence in courts
rules of practice
rules promulgated by courts of law under constitutional or statutory authority governing procedures for trials and other judicial proceedings
rules of procedure
a federal law enforcement function located within the Treasury Department that protects the President and the Pres’s family and enforces federal laws against forgery of government checks and bonds and investigates credit card and computer fraud
Secret Service
laws enacted at a given session of legislature
session laws
the chief law enforcement agent of the county
sheriff
Usually, the highest state court (NY is an exception)
state supreme court
state prosecutors
state’s attorneys
A federal court established by Congress in 1924to resolve disputes between taxpayers and the IRS
Tax Court
claims asserted for alleged torts
tort claims
a judicial proceeding held for the purpose of making factual and legal determinations
trial
courts whose primary function is the conduct of civil and/or criminal trials
trial courts
one who holds legal title to assets transferred by a grantor or settlor to be held and administered for the benefirt of a third-party beneficiary
trustee
a statewide bar association that regulates the legal profession, usually under the oversight of the state’s highest court, and that requires lawyers to be dues-paying members of the association
unified bar
A federal statute enacted by Congress in 1950 that consolidated and modified prior laws regulating the conduct of military personnel; established a revised code of military justice to apply uniformly in all the military services; and established a civilian court of appeals. The Act authorizes the President to promulgate a Manual for Courts-Martial binding on all persons subject to the UCMJ
Uniform Code of Military Justice (UCMJ)
Attorneys appointed by the Pres with consent of the Senate to prosecute federal crimes in a specific geographical area of the US
United States Attorneys
A civilian court established by Congress consisting of five civilian judges appointed by the Pres for 15-year terms. Serves as a court of review for specified cases and may grant petitions for review beyond the normal channels of military review in courts-martial cases
United States Court of Appeals for the Armed Forces
The intermediate appellate courts of appeals in the federal system that sit in geographical areas of the US and in which panels of appellate judges hear appeals in civil and criminal cases primarily from the US District Courts
United States Courts of Appeals
The principal trial courts in the federal system that sit in 94 districts where usually one judge hears proceedings and trials in civil and criminal cases
United States District Courts
The highest court in the US, consisting of 9 justices and having jurisdiction to review, by appeal or writ of certiorari, the decisions of the lower federal courts and many decisions of the highest courts of each state
United States Supreme Court
Official code of the laws of the US
US Code
power of the chief executive to block adoption of a law by refusing to sign the legislation
veto
order from a higher court directing a lower court to send up the record of a case for appellate review
writ of certiorari
“You have the body.” A judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally
writ of habeas corpus
“We command.” A judicial order or writ commanding a public official or an organization to perform a specified non-discretionary duty,
writ of mandamus
a provision of law forbidding a particular form of conduct
writ of prohibition
