| Term | Definition |
|
Chief Justice |
justice on the supreme court who presides over the court's public decisions |
|
Plaintiff |
individual or organization who brings complaint to court |
|
Civil law |
a system of jurisprudent, including private law and governmental actions, to settle disputes that do not involve a criminal action |
|
precedents |
prior cases whose principles are used by judges as the bases for their decisions in present cases |
|
stare decisis |
"let the decision stand" a previous decision by a court applies a precedent in similar cases until that decision is over ruled |
|
trial court |
the first court to hear a criminal case |
|
court of appeals |
a court that hears the appeals of a trial court decisions |
|
Jurisdiction |
the sphere of a courts power and authority |
|
Due Process |
the right of every citizen against arbitrary action by national or state gov'ts |
|
Writ of habeas corpus |
a court order demanding that an inividual in custody be brought into court and shown cause of detention |
|
Judicial review |
power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional |
|
Standing |
the right of an individual or organization to initiate a court case |
|
mootness |
criterion used by courts to screen cases that no longer require resolution |
|
writ of certiorari |
aa decision concurred in by at least 4 of the 9 supreme court justices to review a decision of a lower court |
|
in forma pauperis petitions |
fees and most other requirements waved for indigent petitioners |
|
Writ of certification |
writ issued when a U.S. court appeals asks the supreme court for instructions on a point of law that has never been decided |
|
Writ of Appeal |
writ that may be issued to accept appeals, mainly from the decisions of a 3 judge district |
|
amicus curae |
"friend of the court" individuals or groups who are not parties to a lawsuit but seek to assist the court in reaching a decision by presenting additional briefs |
|
Law clerks |
every federal judge employs law clerks to research legal issues and assist with preparation of opinions |
|
briefs |
written documents in which attorneys explain why the court should rule in favor of their client |
|
Petitioner's Brief |
Document filed by the party bringing the appeal stating the facts of a case and reasons why the lower court's opinion should be overturned |
|
Regular concurrence |
concurring opinion that agrees with the outcome and majority's rationale but highlights a particular legal point |
|
special concurrence |
agree with the majority, but not with the same reasons |
|
judicial restraint |
words in the constitution |
|
class action suit |
a lawsuit in which large numbers of persons with common interests join togerther under representative party to bring or defend a lawsuit |
| Add or remove terms from this set |