Unit 5- Judiciary
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Created by:
kristinasoko on April 21, 2010
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37 terms
Terms | Definitions |
|---|---|
 equal justice | fair treatment under the law |
| due process | means that the government must follow the same fair rules in all cases brought to trial |
| adversarial system | system of litigation in which the judge hears evidence and arguments presented by both sides in a case and then makes an objective decision based on the facts and the law as presented by each side |
| presumption of innocence | a person is innocent of a crime, even when arrested for that crime, until they are proven guilty in a court of law |
| civil law | one relating to disputes among two or more individuals or between individuals and the government |
| criminal law | the body of law dealing with crimes and their punishment, A body of rules defining offenses that are considered to be offenses against society as a whole and for which conviction could result in a prison term. |
| grand jury | a group of citizens that decides whether there is sufficient evidence to accuse someone of a crime |
| plea bargains | negotiated agreements in criminal cases in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge the defendant is facing |
| reasonable doubt | This refers to the degree of certainty required for a juror to legally find a criminal defendant guilty. "beyond a reasonable doubt" |
| settlement | an official agreement or decision that ends an argument, a court case, or a fight, or the action of making an agreement |
| preponderance of evidence | The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version. when a defendant is found to be atleast 51% responsible for the damages/etc |
| original jurisdiction | the authority to hear cases for the first time |
| appellate jurisdiction | authority held by a court to hear a case that is appealed from lower court |
| 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. president consults with senators from a given state about possible supreme court justice nominees from that state. |
| 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. |
| judicial review | the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional |
| Marbury v. Madison 1803 | Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court. |
| writ of certiorari | a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case |
| justiciable | legal principle where courts can only rule on cases with actual litigants; cannot give advisory opinions or use hypothetical situations |
| standing | the right of an individual or organization to initiate a court case |
| briefs | documents given to a court by the attorneys trying a case. These documents contain summaries of the issues in the case, the laws relevant to the case, and the arguments which support the position taken by the attorney on behalf of his or her client. |
| amicus curiae | A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side. |
| oral arguments | the verbal arguments presented in person by attorneys to an appellate court. |
| unanimous opinion | a court opinion or determination on which all judges agree |
| majority opinion | a court opinion reflecting the views of the majority of the judges |
| concurring opinion | a signed opinion in which one or more members agree with the majority view but for different reasons |
| dissenting opinion | a signed opinion in which one or more justices disagree with the majority view |
| Federal District Courts | the courts of the national government that deal with problems between states, with the constitution, and with laws made by congress, LOWEST tier of federal court system |
| Federal Circuit Courts | court of appeals; second level of three courts: reviews the case--no new trials can he held here |
| Supreme Courts | Highest level of courts - decisions have the power of law |
| Fletcher v. Peck 1810 | first time court overturned state law on constitutional grounds. |
| McCulloch v. Maryland 1819 | Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. institution; John Marshall; "the power to tax involves the power to destroy." |
| Gibbons v. Ogden 1824 | steamboat case, state of NY tried to grant a private concern a monopoly of waterborne commerce between NY and NJ...developed interstate trade |
| writ of mandamus | Court order directing an official to perform an official duty |
| writ of habeas corpus | a court order that requires police to bring a prisoner to court to explain why they are holding the person |
| judicial activism | A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. |
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