Module 3.4-5-6 Flashcards
What is judicial review?
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.
What is the adversary system?
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
What is criminal law?
A law that defines crimes against the public order.
What is civil law?
A law that governs relationships between individuals and defines their legal rights.
Who is a prosecutor?
Government lawyer who tries criminal cases, often referred to as a district attorney or a U.S. Attorney.
Who is a defendant?
In a criminal action, the person or party accused of an offense.
What is a plea bargain?
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.
What is a justiciable dispute?
A dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
Who is a plaintiff?
The party instigating a civil lawsuit.
What is the role of the U.S. attorney general?
The chief law enforcement officer in the United States and the head of the Department of Justice.
What is the solicitor general?
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.
What is the public defender system?
An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
What are district courts?
Courts in which criminal and civil cases are originally tried in the federal judicial system.
What are circuit courts of appeals?
Courts with appellate jurisdiction that hear appeals from the decisions of lower courts.
What is the Supreme Court?
The court of last resort in the United States. It can hear appeals from federal circuit courts or state high courts.
What is original jurisdiction?
The authority of a court to hear a case ‘in the first instance.’
What is appellate jurisdiction?
The authority of a court to review decisions made by lower courts.
What is precedent?
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.
What is a writ of habeas corpus?
A court order requiring explanation to a judge why a prisoner is being held in custody.
What is senatorial courtesy?
The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
What is judicial activism?
A philosophy proposing that judges should freely strike down laws enacted by the democratically elected branches.
What is judicial restraint?
A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the Constitution.
What is a writ of certiorari?
A formal writ used to bring a case before the Supreme Court.
What is in forma pauperis?
A petition that allows a party to file ‘as a pauper’ and avoid paying Court fees.
What is a docket?
The list of potential cases that reach the Supreme Court.
What is an amicus curiae brief?
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.
What is the opinion of the Court?
An explanation of a decision of the Supreme Court or any other appellate court.
What is a dissenting opinion?
An opinion disagreeing with the majority in a Supreme Court ruling.
What is a concurring opinion?
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
What is 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.
