Judiciary Key Terms Flashcards
the list of cases on a court’s schedule
docket
the branch of law that regulates the conduct of individuals, defines crimes, and provides punishments for criminal acts
criminal law
the legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given; the phrase “guilty beyond a reasonable doubt” is part of the instruction given by a judge to a jury in a criminal case
beyond a reasonable doubt
the branch of law that concerns relationships between private parties
civil law
the obligation in a legal case to prove allegations by presenting strong supporting evidence; in a criminal case this burden rests on the prosecution and in a civil case it rests on the plaintiff
burden of proof
the idea that the weight of the plaintiff’s evidence in a civil trial clearly points to the defendant being at fault
preponderance of evidence
money paid by the liable party in a lawsuit to compensate for losses suffered by the plaintiff
damages
the person or party in a criminal trial who is charged with committing a crime, or the person or party being sued in a civil case
defendant
the attorneys representing the government and the people in a criminal case
prosecution
the person or party who brings a lawsuit, or legal action, against another party in a civil case
plaintiff
the questioning of a witness in court by an attorney for the opposing side
cross-examination
a court’s authority to hear a case for the first time, before it appears in any other court
original jurisdiction
a court’s authority to review decisions made in lower courts
appellate jurisdiction
the authority of a court to hear cases on a variety of subjects
general jurisdiction
the right of certain courts to hear only specialized kinds of cases, such as traffic violations or bankruptcy issues
limited jurisdiction
an election in which voters are asked to confirm or reject a judge’s appointment to office
retention election
a court case in which a judge, not a jury, decides the outcome
bench trial
the practice of making special efforts to admit, recruit, or hire members of disadvantaged groups
affirmative action
a court in which officers from the armed forces serve as both judge and jury
military tribunal
a rule that allows a senator to block the nomination of an official to a federal position, such as a judgeship, in his or her home state
senatorial courtesy
the process by which a senator can block the nomination of a federal official, such as a judge, who comes from his or her home state; the blue slip refers to a blue approval form that senators may or may not choose to sign
blue-slip policy
the personal qualities considered important in a judge, such as patience, compassion, and commitment to equal justice
judicial temperament
an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review
writ of certiorari
a written document drawn up by an attorney that presents the facts and points of law in a client’s case
legal brief
a legal document submitted to a court by a group not party to a particular case but wishing to influence the court’s decision in that case; amicus curiae means “friend of the court”
amicus curiae brief
the phase in a Supreme Court case when attorneys from both sides present their views on the case
oral argument
a legal doctrine requiring lower courts to honor rulings made by higher courts
stare decisis
a document issued by the Supreme Court that states the reasons for its decision as determined by the majority of justices
majority opinion
a document issued by Supreme Court justices who disagree with a Court decision, stating the reasons for their dissent
dissenting opinion
a document issued by Supreme Court justices who agree with a Court decision, but for different reasons than those expressed in the majority opinion
concurring opinion
the principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals
judicial activism
the principle that judicial review should be used sparingly, especially in dealing with controversial issues
judicial restraint
Congress enacted to create a dual court system
Judiciary Act of 1789
A case that the court declared a portion of the Judiciary Act of 1789 to be unconstitutional, thus establishing the power of the judiciary to review the constitutionality of legislative or executive actions
Marbury v. Madison
A case in which the court summed up what it means to declare an act of Congress or the president unconstitutional. Essentially makes it powerless and not a law
Norton v. Shelby County
Case in which a school was found guilty for violating the amendment that everyone has equal protection under the law
Hopwood v. Texas
landmark decision by the Supreme Court of the United States. It upheld affirmative action, allowing race to be one of several factors in college admission policy.
University of California v. Bakke
voluntary association of lawyers
American Bar Association
group that reviews and confirms supreme justice nominations
Senate Judiciary Committe
