23 terms

Judicial Branch

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Judicial Branch
Interprets the laws, article 3
Role of Courts
Interpret laws/constitution, settle disputes, determine innocence/guilt
3 Federal Courts
District Court, Court of Appeals, Supreme Court
Federal Court Jurisdiction
deal with cases involving US laws, treaties with foreign nations, or interpretations of the Constitution, disputes between states and the federal government
Supreme Court
Consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of laws
Judicial Review
Allows the court to determine the constitutionality of laws; Marbury vs. Madison
Majority Opinion
A court opinion reflecting the views of the majority of the judges
Concurring Opinon
Justice votes with majority but may have different legal view on the issue
Dissenting Opinion
A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
Plaintiff
One who brings a court action against another (the complainer)
Defendant
An individual or group being sued or charged with a crime
Jurisdiction
The authority of a court to hear a case
Justice
Fairness; rightfulness; equality under the law
Petition of Certiorari
The document that must be filed in order to ask for a case to be heard by the Supreme Court
Stare Decisis
Let the decision stand; decisions are based on precedents from previous cases
Precedent
(civil law) a law established by following earlier judicial decisions
Equal Protection Clause
The section of the Fourteenth Amendment that says that states must apply the law equally and cannot discriminate against citizens or groups of citizens
Due Process Clause
A clause to the Fifth and Fourteenth Amendments that says no person shall be deprived of "life, liberty or property" without due process of the law.
Civil Dispute
A lawsuit commenced for the purpose of resolving a civil conflict in which someone feels owed something
Criminal Case
A case in which a defendant is tried for committing a crime as defined by the law
Appeal
Apply to a higher court for a review and reversal of the decision of a lower court.
Amendment 5
Right to due process, grand jury, double jeopardy, do not have to incriminate yourself (remain silent)
Amendment 6
Right to a speedy trial, confront witnesses, have an attorney