Gov. Judicial Branch Test Flashcards
Criminal Case
A dispute involving a violation of a specific federal or state law
Civil case
A dispute involving two private parties, usually seeking money damages
Lawsuit
a formal complaint brought in court to request compensation
Plaintiff
the person who brings the complaint to court
Defendant
the person accused of wrongdoing in a criminal case
Judge
an unbiased referee who interprets the laws
Jury
a group of peers who determine guilt or innocence
U.S. Supreme Court
the highest level of federal court, with both appellate and original jurisdiction
U.S. Court of Appeals
a level of federal court with appellate jurisdiction over most cases arising within defined geographic areas
U.S. District Court
the lowest federal court with original jurisdiction over most federal criminal cases
VA Supreme Court
the highest level of state courts, with both appellate and original jurisdiction
VA Circuit Court
a level of state court with original jurisdiction over misdemeanor cases; includes judge but no jury
VA Juvenile/Domestic Relations Court
a level of state court with jurisdiction over cases involving a minor and family disputes
Precedent
past cases of the courts that act as a guide for future decisions
Stare Decisis
the legal doctrine that says precedent (past cases) should always be followed
Originalism
The Constitution is a fixed document that must be interpreted according to its original meaning
Living Constitution
The Constitution is a dynamic document that develops with the needs of the nation
Treason
the crime of levying war against the United States or giving aid and comfort to its enemies
Original Jurisdiction
A court’s authority to hear a case first
Appellate jurisdiction
A court’s authority to review decisions made by lower courts
5th Amendment
Protections for criminal defendants including: no self-incrimination and no double jeopardy
6th Amendment
Protections for criminal defendants including: speedy trial, jury in criminal cases, representation by an attorney
7th Amendment
Protections for a civil defendant including: jury in civil cases
8th Amendment
Protections for a criminal defendant including: no cruel and unusual punishment
