Judiciary

Quizlet

Most Important Court Cases


 * 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 U.S. 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.
 * Judicial activism –** Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
 * //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.
 * //Writ of certiorari –//** A formal writ used to bring a case before the Supreme Court.
 * Docket –** The list of potential cases that reach the Supreme Court.
 * //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.
 * Opinion of the Court –** An explanation of the decision of the Supreme Court or any other appellate court.
 * Dissenting opinion –** An opinion disagreeing with a majority in a Supreme Court ruling.
 * Concurring opinion –** An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.