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Constitutional Government > Judicary > Flashcards

Judicary Flashcards

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1
Q

Literally, “a friend of the court” brief filed by an individual or organisation to present arguments in addition to those presented by the immediate parties to a case

A

amicus curiae brief

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2
Q

The authority of a court review decisions made by a lower court

A

Appellate jurisdiction

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3
Q

Courts with appellate jurisdiction that hears appeals from the decisions of lower courts

A

Circuit court of appeals

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4
Q

A law that governs relationships between individuals and defines their legal rights

A

Civil law

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5
Q

An opinion that agrees with the majority in a Supreme Court ruling but differs in reasoning.

A

Concurring Opinion

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6
Q

A law that defines crimes against public order

A

Criminal Law

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7
Q

In a criminal action, the person or party accused of an offence

A

Defendant

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8
Q

An opinion disagreeing with the majority of a Supreme Court ruling

A

Dissenting opinion

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9
Q

Courts in which criminal and civil cases are originally tried in the federal judicial system

A

District courts

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10
Q

The list of potential cases that reach the Supreme Court

A

Docket

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11
Q

A petition that allows a party to file “as a pauper” and avoid paying Court fees

A

in forma pauperis

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12
Q

A philosophy proposing that judges should freely strike down laws enacted by democratically elected branches

A

Judicial activism

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13
Q

A philosophy proposing that judges should strike down actions of the elected branches only if they clearly violate the Constitution

A

Judicial restraint

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14
Q

The power of a court to review laws or government regulations to determine whether or not they are consistent with the US constitution, or in a state court, the state constitution

A

Judicial review

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15
Q

A dispute growing out of an actual case or controversy that is capable of settlement by legal methods

A

Justiciable dispute

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16
Q

The authority of a court to hear a case “in the first instance”

A

Original jurisdiction

17
Q

An explanation of a decision of the Supreme Court or any other appellate court

A

Opinion of the Court

18
Q

The party instigating a civil lawsuit

A

Plaintiff

19
Q

An agreement between prosecutor and a defendant that the defendant will plead guilty to a lesser offence to avoid standing trail for a more serious offence.

A

Plea bargain

20
Q

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts

A

Precedent

21
Q

Government lawyer who tries criminal cases, often referred to as a district attorney or US attorney.

A

Prosecutor

22
Q

An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys

A

Public defender system

23
Q

The presidential custom of submitting names of prospective appointees for approval to senators from states in which the appointees are to work

A

Senatorial courtesy

24
Q

The third ranking official in the department of justice who is responsible for representing the United States in cases before the Supreme Court

A

Solicitor general

25
Q

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges wherever the same question is presented

A

stare decisis

26
Q

The court of last resort in the US. It can hear appeals from federal circuit courts or state high courts. The US attorney is the chief law enforcement officer in the US and the head of the department of justice

A

Supreme Court

27
Q

A formal writ used to bring a case before the Supreme Court

A

Writ of certiorari

28
Q

A court order requiring explanation to a judge why a prisoner is being held in custody

A

Writ of habaes corpus

Constitutional Government (3 decks)

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