Judiciary/Supreme Court Vocab Flashcards
defendant
in a criminal action, the person or party accused of an offense
Justiceable dispute
a dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
plea bargain
agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser ofense to avoid having to stand trial for a more serious offense
public defender system
arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys
original jurisdiction
the authority of a court to hear a case “in the first instance.”
appelate jurisdiction
the authority of a court to review decisions made by lower courts
court of appeals
a court with appelate jurisdiction that hears appeals from the deicisons of lower courts
precedent
a decision made by a higher court such as a circuit court of appeals or the Supreme Court thaat is binding on all other federal courts
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
judicial restraint
philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
judicial activism
philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
stare decisis
the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
writ of certiorari
a formal writ used to bring a case before the supreme court
docket
the list of potential cases that reach the Supreme Court
amicus curiae brief
literally, a “friend of the court” brief, filed by an individual or organization to prevent arguments in addition to those presented by the immediate parties to a case
