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Details Title: Midterm 3 Description: Chapter 14 Total Flash Cards: 17 Created: 12/04/2006 09:36:27	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term judicial review Definition 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. constituion or, in a state court, the state constitution Term adversary system Definition A judicial system in which the court of law is a neutral arena where 2 parties argue their differences Term justiciable dispute Definition A dispute growing out of an actual case orcontroversy and that is capable of settlement by legal methods Term class action suit Definition Lawsuit brought by an individual or a group of people on behalf of all those similarly situated Term defendant Definition In a criminal action, the person or party accused of an offense Term plea bargain Definition 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 Term political question Definition A dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; judges refuse to answer constitutional questions tha they declare are political Term original jurisdiction Definition The authority of court to hear a care "in the first instance" Term appellate jurisdiction Definition The authority of a court to review decisions made by lower courts Term grand jury Definition A jurty of 12-23 persons who, inprivate, hear evidence presented by the government to determine wheter persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment Term petit jury Definition A jury of 6-12 people who determine guilt or innocence in a civil or criminal action Term court of appeals Definition A court with appellate jurisdiction that hears appeals from the decisions of lower courts Term judicial self-restraint Definition Philosophy proposing the judges should interpret the Constitution to reflect what the framers intended and whatits words literally say Term judicial activism Definition Philosophy proposing the judges should interpret the Constitution to reflect current conditions and values Term stare decisis Definition The rule of precedent Term write of certiorari Definition A formal writ used to bring a case before the Surpreme Court Term amicus curiae brief Definition "friend of the court" filed by an individual or organization to present arguments in addition to to those presented by the immediate parties to a case