Final Flashcards
Abbreviated Procedures
The special criminal process that seeks to speed up the investigation, prosecution, and ruling of certain crimes
Absurdity (statutory interpretation)
provides an exception to the rule that a statute should be interpreted according to its plain meaning
abuse of discretion
an error of judgement by a trial court in making a ruling that is clearly unreasonable, erroneous, or arbitrary and not justified by the facts or law applicable in this case
actus reus
action or conduct that is a constituent element of a crime (guilty act)
affirm (appellate disposition)
Appellate court can affirm the ruling that was the subject of the appeal, ie, confirming the the results from trial court)
American Bar Association
has no official standing, but is prestigious in forming guidelines for the practice of law, direction to legislation, lobbying for the law profession, and evaluating federal judges
Amicus Brief
filed by people who typically take the position of one side in case, in the process supporting a cause that has some bearing on the issues in the case (not a party in the case, but volunteers or is court-invited to advise on a matter before the court)
Appellant
the party filing the appellate claim
Appellee
the party defending against the appeal
arbitrary and capricious
A decision is:
Arbitrary if it is seemingly random, Capricious if the product of a sudden, impulsive and seemingly unmotivated notion or actions
arraignment
The first court date in a criminal case, where the defendant finds out what they’re being charged with and what rights they have
Attitudinal Model
Assumes that the decisions are made by a judge based on the case facts against his sincere attitudes and values
Avoidance (Statutory Interpretation)
tells the court to choose a different interpretation when another interpretation merely raised constitutional doubts
Balancing test
A subjective test with which a court weights competing interests
bench trial
No jury, judge alone decides the facts of the case and applies the law
beyond a reasonable doubt
Criminal cases, the prosecution bears the burden of proving the defendant is guilty beyond all reasonable doubt
blue slip
the slip on which the senators from the state of a residence of a federal judicial nominee gives an opinion on the nominee
bright-line rule
an objective rule that resolves legal questions in a straightforward, predictable manner
capital crime
any criminal charge which is punishable by the death penalty.
casebook method
way of teaching law where students learn general legal principles by studying specific cases
cert pool
mechanism by which SCOTUS manages the influx of petitions for certiorari (cert) to the court by having law clerks screen the cases and recommend ones to be heard
challenged “for cause”
the lawyer has a specific reason for thinking that a juror would not be impartial
Chevron deference
a court defers to agency interpretations of ambiguous statutes, as long as the judge finds the interpretations to be reasonable
classic political litigation
Matter is brought to court by interest groups leading the charge
Tactical Political Litigation
Bringing matters to court to change processes, not rights (playing the long game)
clearly erroneous
being or containing a finding fact that is not supported by substantial or competent evidence of by reasonable inferences
conference (SCOTUS)
The Justices meet in a private conference to discuss cases argued earlier that week
criminal negligence
the creation of a substantial and unreasonable risk of death or great bodily harm to another, of which the actor should be aware
cue theory
judges rely on simple, easily identifiable cues when making decisions (ex: legal precedent, ideology, and policy preferences)
declaratory judgement
binding judgement from a court defining the legal relationship between parties and their rights in a matter before the court
deference canon
Courts give deference or weight to the expertise and interpretation of a government agency when reviewing its own regulations
de novo
from beginnings- deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case
Discretionary sentencing
intended to take into account the range of possible aggravating and mitigating factors in any serious crime
dismiss as improvidently granted (DIG)
meaning the court should not have accepted the case, so they dismiss it
Doctrinal Paradox
Aggregating judgements with majority voting can result in self-contradictory judgements
dueling canons
in both the majority and dissenting opinions in the same case, to support opposing outcomes
en banc
“on the bench”- special procedure where all judges of a particular court hear a case
environmental perspective
Taking the person’s environment into consideration
ex post facto law
a law that imposes criminal liability or increases criminal punishment retroactively
extralegal perspective
being beyond the province or authority of law
formalism
an approach to jurisprudence that emphasizes the discovery of legal principles through logical analysis, and the application of those principles to the facts of a case
general intent
an actual intent to perform some act, but without a wish for the consequences that result from that act
grand jury
a group of people selected to sit on a jury that decide whether the prosecutor’s evidence provides probable cause to issue an indictment
grant-vacate-remand (GVR)
a type of order by SCOTUS where they simultaneously grant a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings.
gubernatorial appointment
governor appoints judges, legislator may have to confirm choice
in forma pauperis (i.f.p.) petition
allows a poor person to bring suit without incurring the costs of said suit (not a right, and subject to discretion of the court)
integrated bar
a system of bar associations to which all lawyers are required to belong
issue-spotter exam
you have to find different causes of action between the parties
join-three vote on certiorari
If at least 3 other justices vote to grant a review to the case, this is the equivalent of a grant vote
judicial activism
practice of judges making rulings based on their policy views rather than their honest interpretation of the current law
judicial minimalism
the view that judges should take the minimal action sufficient for resolving a specific dispute in any case that comes before them
jurisprudential regime
identify relevant case factors and/or set the level of scrutiny or balancing the judges will use
legal model
holds that judges make decisions based on legal factors such as the intent of the framers of the Constitution and precedent
legal perspective
looking at situations through the lens of legal principles, rules, and norms
legal pragmatism
views laws as produced by specific social contexts and focuses on the consequences of judicial decisions
legislative election
The legislature selects a judge- basically same process as passing a legislative act
living constitution
The belief that the Constitution has relevant meaning beyond the original text and is an evolving document that changes over time
mandatory sentencing
require judges to impose a sentence of a term of imprisonment of at least the time specified in the statute
mens rea
the intention or knowledge of wrongdoing that constitues part of a crime, as opposed to the action or conduct of the accused
Missouri Plan
A non-partisan commission reviews candidates for a judicial vacancies, then send a list of the best qualified to the governor
modify (appellate disposition)
the action of making changes or adjustments to a lower court’s decision. Instead of fully affirming or reversing, the appellate court may choose to modify certain aspects1
nolo contendere (plea of no contest)
a conviction which contains all the consequences of a conviction based on a plea of guilty or a verdict of guilty
nonpartisan election
an election with no declaration of political party allegiance, affiliation, or affinity is allowed by the jurisdiction holding the election
opinion bargaining
judges engaging in negotiations or discussions to reach a consensus on the wording and content of a court opinion
oral argument (SCOTUS)
When attorneys for both parties present their argument- after briefs have been submitted for both parties
ordinary litigation
regular process of resolving legal disputes through the legal system
originalism
view that the Constitution should be interpreted according to the original intentions or original meaning of the framers
panel effects
Composition of a circuit court panel can affect behavior and the decision
-split panels (liberal and conservative judges) are less likely to issue ideological decisions (decisions more technical), also more likely to defer to administrative agencies
-differing judges on a panel bring new perspectives to a case
-whistleblowe effect with split panels
-judges prefer unanimous decision because it carries more weight
partisan election
an election in which candidates openly endorsed by political parties are presented to voters for selection
peremptory challenge
the right of attorneys during jury selection to reject a potential juror without providing a specific reason
personal perspective
the individual viewpoints, experiences, and biases that judges, lawyers, witnesses, and other participants bring to the legal proceedings
petitioner
in equity practice, a party that initiates a lawsuit
petit jury
a jury of 6-12 persons that determines guilt or innocence in a civil or criminal action
plain-meaning rule
a rule of interpretation which states that words in a contract should be given their ordinary meeting
plea bargain (charge or sentence)
agreement btw a defendant and a prosecuter, where the defendent agrees to please guilty or no contest in exchange for the prosecutor to drop one or more charges, reducing the charges, or recommending to the judge a specific sentence acceptable to the defense
pretrial conference
a conference, scheduled before the trial begins, btw the judges and the attorneys litigating the suit. May settle, clarify the issues, schedule discovery, etc
pro hac vice
“for this occasion” a motion allowing out-of-state attorneys to practice in-state for a specific case or matter
realism
a legal philosophy that emphasizes the practical effects of legal decisions, as opposed to focusing solely on abstract legal principles. Argue that law is not just a set of fixed rules, but a dynamic and evolving system influenced by social, economic, and political factors
reasonably prudent person
concept that describes a nonexistent, hypothetical person who is set up as the community ideal of what would be considered reasonable behavior
reasoning by example
using related examples to draw an overall conclusion
remand
to send a case back to a lower court to be tried again
retention election
an election in which voters are asked to confirm or reject a judge’s appointment to office
reverse (appellate disposition)
the action of overturning or setting aside a lower court’s decision
rule of lenity
the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work
sovereign immunity
the rule that a citizen cannot sue the government without the government’s consent
specific intent
the desire to commit one wrongful act for the sake of accomplishing another
standard of review
the amount of deference an appellate court gives to the determinations made by a lower court
statute
a written law passed by a legislative body
strategic model
judicial decision-making model that states that the primary guide for judges is their individual policy preferences; however, their preferences are tempered by their consideration of institutional factors, as well as concern over the legitimacy of the court system
substantial evidence
refers to evidence that a reasonable mind could accept as adequate to support a conclusion
substantive canon
a rule of statutory interpretation that promotes a particular value or policy
territorial jurisdiction
the power of criminal courts to hear cases involving crimes committed within their territory
textual canon
one consideration that may be used in judge’s decision making
“plain meaning” rule
vacate
the action of setting aside or nullifying a court order, judgement, or decision. When a court vacates a decision, it essentially declares it void or invalid
vicarious liability
legal doctrine under which a party can be held liable for the wrongful actions of another party. In this scenario, the party being held liable is not directly involved in the wrongful act, but they are being held accountable for the actions of someone acting on their behalf or under their supervision
voir dire
jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge
