CCP- Chapter 13: The Judiciary
Terms in this set (31)
The power of a court to review laws or governmental regulation to determine whether they are consistent with the U.S. Constitution or, in a state court, the state constitution.
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
A law that defines crimes against the public order.
A law that governs relationships between individuals and defines their legal rights.
A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
In a criminal action, the person or party accused of an offense.
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.
The authority of a court to hear a case "in the first instance."
The authority of a court to review decisions made by lower courts.
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.
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say.
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.
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.
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.
An opinion disagreeing with a majority in a Supreme Court ruling.
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
Government lawyer who tries criminal cases, often referred to as a district attorney or U.S. Attorney.
Courts in which criminal and civil cases are originally tried in federal judicial system.
Circuit court of appeals
Court with appellate jurisdiction that hear appeals from the decisions of lower courts.
The court of last resort in the U.S. It can hear appeals from federal circuit courts or state high courts.
The party instigating a civil lawsuit.
U.S. Attorney General
The chief law enforcement officer in the U.S. and the head of the Department of Justice.
The third ranking official in the Department of Justice who is responsible for representing the U.S. in cases before the U.S. Supreme Court.
in forma pauperis
A petition that allows a party to file and avoid paying Court fees.
A type of presidential appointment that allows the president to appoint federal judges when the Senate is not in session.
OTHER SETS BY THIS CREATOR
Hinduism and Buddhism
CCP Government Unit 1 Review
Unit 1 - PLS 1120