The Judiciary and The Law Flashcards
Principles of the Judicial System
Four Principles:
- Equal Justice Under the Law
- Due Process of Law
- Adversarial System
- Presumption of Innocence
Equal Justice Under The Law
Founding Fathers were afraid about a national hierarchy in the legal system so many amendments were added to protect a person in the court system
Due Process
Two Types:
- Substantive
- Procedural
Substantive Due Process
Deals with the question on whether laws are/are not fair
Procedural Due Process
Deals with the question on whether laws are/are not fairly applied
Adversarial System
Based on the premise that the best way to work out questions of fact is to have two sides debate the burden of guilt or liability in a situation
Presumption of Innonence
States that all people are innocent until proven guilty in the court of law
Criminal Law
Type of law that deals with serious crimes that harm individuals or society
Grand Jury
A group of 24-48 jurors who decide whether or not a trial should commence
Plea Bargaining
Attempt to work out an agreement to a less serious crime or sentence between the prosecution and defense (95% of all criminal cases end in plea bargains)
Plea Bargains
The agreement to a lesser crime or sentence between the prosecution and defense
Beyond A Reasonable Doubt
The defendant must be found guilty beyond a reasonable doubt before they can be given a sentence
Petit Jury
12 jurors that determines if the defendant is guilty or not guilty (but can only do so if all 12 jurors vote to convict)
Civil Law
What determines the results of disputes over things like contracts, property, child custody, or a liability issue
Settlement
Parties negotiate and the issue becomes how much each party is willing to give up in order to end the lawsuit
Preponderance of Evidence
The plaintiff needs to prove that the evidence points in favor of the party he is representing in order to win a case
Equity
The losing party may be forced to stop doing something that was annoying/harmful to the winning party
Original Jurisdiction
The power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court’s decision
Appellate Jurisdiction
The power to only decide issues of the law and never the facts of a case
Federal District Courts
Decide both civil and criminal court cases in original jurisdiction and can also decide liability in civil cases where monetary losses have occured
Circuit Courts of Appeals
Hear cases on appeal from the Federal District Courts or from the state Supreme Courts
Senatorial Courtesy
Senators can submit a list of acceptable names of federal judge nominees to the President
Judicial Restraint
A practice in which judges are reluctant to overturn the acts of a legislature
Judicial Activist
A practice in which a judge overturns legislative action
Writ of Certiorari
A legal document used to request the lower court transcripts of a case
Justicidable
Cases that involve a legal dispute
Standing
The vested interest in the outcome of a case
Marbury v. Madison (1803)
Court Case ruling that gave the Supreme Court the right to judicial review
Judicial Review
Gives the Supreme Court the power to determine the constitutionality of laws
Fletcher v. Peck (1810)
Court case ruling that established the Court’s right to apply judicial review to state laws
McCulloh v. Maryland (1819)
Court case ruling that rules that states do not have the power to tax the national bank or the federal government
Gibbons v. Ogden (1824)
Court case ruling that increased the federal power over interstate commerce by implying that anything concerning interstate trade could potentially be regulated by the federal government
Amicus Curiae Briefs
Constitute an effort to sway the justices to one side or the other and can be quite influential in determining the outcome of a case
Oral Arguments
Lawyers for each party have a half hour each to stand before the nine justices and present their arguments
Solicitor General
Receives a half hour to debate on the government’s behalf
Conference
The justices cast votes, and opinion-writing duties are handed out
Unanimous Opinion
When all of the justices agree (Carries the most force in legal cases and when new laws are drafted)
Majority Opinion
When a split occurs it is the opinion with the most votes and decides the result of the case
Concurring Opinion
Justices may vote for the majority but they may have an issue with its legal reasoning
Dissenting Opinon
When the justices that voted for the minority question the reasoning of the winning side
