The Judiciary Flashcards
Judicial Review
The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the US Constitution or, in a state court, the state Constitution
Adversary System
A judicial system in which the court of law is a neutral arena where two parties argue their differences
Criminal Law
A law that defines crimes against the public order
Civil Law
A law that governs relationships between individuals and defines their legal rights
Justiciable Dispute
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods
Defendant
In a criminal action, the person or party accused of an offense
Plea Bargain
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
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”
Appellate Jurisdiction
The authority of a court to review decisions made by lower courts
Court of Appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts
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
Writ of Habeas Corpus
A court order requiring explanation to a judge why a prisoner is being held in custody
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
