Politics Final Flashcards
Criminal Law
Law that involves the violations of public rights and duties, which create a social harm
Civil Law
Matters that are considered private concerns between individuals. Laws such as personal injury, contracts, property and administrative laws.
Stare Decisis
a legal doctorine stating that a high court should follow its own prior decision in future cases.
Amicus Curiae
someone, not a party to a case, volunteers to offer information to assist a court in deciding a matter.
Trial courts
courts you normally think of. Hear witnesses and evidence, jury or judge makes a decision
Appellate Courts
deals with lower courts rulings. Does Not normally hear evidence or witnesses. Only judges make a decision
Jurisdiction
whether or not a court has the power to hear a given case
Federal Courts
will hear cases that involve issues touching on the constitution or other federal laws
Habeas Corpus
a writ that is used to bring a party who has been criminally convicted
Due Process
Guarantees fairness before the government may deprive a person of life, liberty or property
Original Jurisdiction
court has the power to hear a case for the first time
Court Packing Plan
The Judicial Procedures Reform Bill of 1937 (frequently called the “court-packing plan”) was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court.
Judicial Review
Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Judicial review was established in the classic case of Marbury v. Madison
Marbury v Madison
a court may declare an act of Congress void if it is inconsistent with the laws of the constitution
Standing
The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed