Glossary Flashcards
Judicial Review
the authority of the judiciary to determine the constitutionality of the ACTS or ACTIONS of public officials. (sheriff, city council, congress, etc)
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Writ of certiorari
writ used by superior court requiring a lower court to send it the record of the case.
indictment
an accusation by a grand jury that a person has committed a crime
right
a person is entitled to keep and enjoy and to be protected by the law in its enjoyment
petitioner
one presents a petition to a court asking for a relief.
rule of four
requirement that the votes of 4 of 9 justices are required to grant certiorari
standing
the qualifications needed to bring legal action. one must demonstrate harm.
En Banc
a decision made or a case heard by all judges of a court (appellate)
amicus curiae
“friend of the court”. A third party not directly involved with the case, but which vested interest in the outcome of the case, presents a brief to the court on behalf of one or the other of the parties of the case
Appellee
one against whom an appeal is taken
appellant
one who makes an appeal from one court to another, because he is dissatisfied with the judgement of the first court
common law
legal rules, remedies, customs, and practices of principles, which are not based legislation, administrative regulation, constitutional provisions or international treaties
cult of the robe
belief that when an individual puts on the robe of a judge, the individual becomes less political and more objective in their decision making
felony
a serious criminal offense: typically those crimes for which the punishment may exceed one year in jail.
felony > misdeamenor
Hibeas Corpus
“you have the body”
writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
