Module 3.4-5-6 Flashcards

1
Q

What is judicial review?

A

The power of a court to review laws or governmental regulations to determine whether they are consistent with the U.S. Constitution, or in a state court, the state constitution.

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2
Q

What is the adversary system?

A

A judicial system in which the court of law is a neutral arena where two parties argue their differences.

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3
Q

What is criminal law?

A

A law that defines crimes against the public order.

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4
Q

What is civil law?

A

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

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5
Q

Who is a prosecutor?

A

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

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6
Q

Who is a defendant?

A

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

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7
Q

What is a plea bargain?

A

An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

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8
Q

What is a justiciable dispute?

A

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

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9
Q

Who is a plaintiff?

A

The party instigating a civil lawsuit.

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10
Q

What is the role of the U.S. attorney general?

A

The chief law enforcement officer in the United States and the head of the Department of Justice.

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11
Q

What is the solicitor general?

A

The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court.

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12
Q

What is the public defender system?

A

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

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13
Q

What are district courts?

A

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

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14
Q

What are circuit courts of appeals?

A

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

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15
Q

What is the Supreme Court?

A

The court of last resort in the United States. It can hear appeals from federal circuit courts or state high courts.

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16
Q

What is original jurisdiction?

A

The authority of a court to hear a case ‘in the first instance.’

17
Q

What is appellate jurisdiction?

A

The authority of a court to review decisions made by lower courts.

18
Q

What is precedent?

A

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.

19
Q

What is a writ of habeas corpus?

A

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

20
Q

What is senatorial courtesy?

A

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

21
Q

What is judicial activism?

A

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

22
Q

What is judicial restraint?

A

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

23
Q

What is a writ of certiorari?

A

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

24
Q

What is in forma pauperis?

A

A petition that allows a party to file ‘as a pauper’ and avoid paying Court fees.

25
Q

What is a docket?

A

The list of potential cases that reach the Supreme Court.

26
Q

What is an amicus curiae brief?

A

Literally, a ‘friend of the court’ brief filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

27
Q

What is the opinion of the Court?

A

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

28
Q

What is a dissenting opinion?

A

An opinion disagreeing with the majority in a Supreme Court ruling.

29
Q

What is a concurring opinion?

A

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

30
Q

What is stare decisis?

A

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.