Quiz 10 Flashcards
Judge-made law grounded in tradition and previous judicial decisions, instead of in written law
Common Law
Previous cases with similar facts that judges identify for use in a new case they are deciding; judges apply the legal principles used in the precedent cases to decide the legal dispute they are currently resolving
Precedents
The body of law that comes out of the courts in cases involving the interpretation of the Constitution
Constitutional Law
The compilation of a state’s criminal law (legislation that defines crime) into one document
Penal Code
The body of law dealing with conduct so harmful to society as a whole that it is prohibited by statute, and is prosecuted and punished by the government
Criminal Law
The body of law dealing with disputes between individuals, between an individual and corporations, between individuals and their governments over harms caused by a party’s actions or inactions
Civil Law
Situation when a person’s body or property is harmed by another person’s negligence or other wrongful act, other than the violation of a contract
Tort
A judicial system in which two parties in a legal dispute each present its case and the court must determine which side wins the dispute and which loses
Adversarial Judicial System
Judicial authority to hear cases for the first time and to determine guilt or liability by applying the law to the facts presented
Original Jurisdiction
A trial in which a group of people selected to hear the evidence presented decides on guilt or liability
Jury Trial
The highest court in a court system
Court of Last Resort
The leading justice on the Supreme Court, who provides both organizational and intellectual leadership
Chief Justice
Title of the eight Supreme Court justices who are not the chief justice
Associate Justice
The person appointed to represent the federal government in all appeals before the Supreme Court
Solicitor General
A custom whereby the Senate will not confirm a presidential nominee if the nominee is opposed by one (or both) senators from the nominee’s home state
Senatorial Courtesy
Description of the facts of a case filed with the Supreme Court, they pertinent legal arguments, and a recommendation as to whether the case should be taken, written by one of the justices’ law clerks and reviewed by all justices participating in the pool process
Cert Memo
Practice by which the Supreme Court justices determine if they will hear a case if four or more justices want to hear it
Rule of Four
Written by a justice’s law clerk, a summary of the case, outlining relevant facts and issues presented in the case documents and briefs, that may also suggest questions to be asked during oral arguments
Bench Memo
A judicial opinion disagreeing both with the majority’s disposition of a case and with their legal interpretations and conclusions
Dissenting Opinion
View that legal interpretation of the Constitution can and should adapt to changing social customs and norms
Living Constitution
