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STEM Judicial Branch
judicial branch for government
25
Other
11th Grade
11/29/2012

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Cards

Term
adversarial system
Definition
American court system that believed the best way to work out conflicting facts is to debate the burden of guilt or liability in a situation.
Term
civil law
Definition
Deals with disputes between individuals and/or organizations in which compensation is awarded.
Term
criminal law
Definition
law that deals with crime and punishment of criminal punishments.
Term
grand jury
Definition
24-48 jurors that are sworn in by a court to serve on a trial jury.
Term
plea bargain
Definition
an admission of guilt to a lesser crime that she would receive consequences for, but not at bad as the original crime
Term
settlement
Definition
in civil law, an agreement for a suspect to agree to pay money to avoid a trial.
Term
briefs
Definition
summaries of the argument and legal foundations for the standing conviction and objection to the conviction
Term
equal justice under the law
Definition
  • everyone equal under the law
  • nobody gets preferential treatment in court due to being on trial or a witness
  • amendments 5-6 set this up
Term
2 types of due process
Definition

1.  substantive - are laws fair?

2.  procedural - are laws fairly applied?

Term
equal justice under the law
Definition
jury can only focus on the original charge, not other illegal activity the person hasn't been charged with. (EX:  drug dealer murdered, occupation must be disregarded.)
Term
reasonable doubt
Definition
if there is any possibility that the suspect didn't do it,then a conviction cannot happen
Term
Amicus curiae
Definition
"friend of the court" - can sway what cases are heard by the supreme court and can therefore influence outcomes of the court
Term
Supreme court hears oral arguments
Definition
  1. each side's lawyer has 1/2 hr to present arguments to 9 justices.
  2. lawyers are often interrupted and questioned by Justices.
  3. Justices meet in conference to discuss the case.
Term
preponderance of evidence
Definition
To win a case, a plaintiff has to show enough of this to try to eliminate resonable doubt.
Term
original jurisdiction
Definition
Federal Distirct Courts possess this, except when dealing with foreign ministers in which the Supreme Court possesses this.
Term
appellate jurisdiction
Definition

In this type of court, the Court may just decide issues of the law, never the facts of the case.  No new evidence will be admitted.  It is a review of the initial trial to determine if any laws were broken in the trial.

 

Term
judicial review
Definition
The power for the Supreme Court to judge the constitutionality of laws.
Term
senatorial courtesy
Definition
When the President is nominating Supreme Court Justice, the list of their recommendations of their statesmen.
Term
judicial restraint
Definition
Justices who don't want to overturn the acts of a legislature and deem them unconstitutional are said to practice __________ ________ .
Term
Judicial activism
Definition

A justice who has no problem overturning legislation and judging it unconstitutional practices _______ ________.

 

Term
preponderance of Evidence
Definition

A legal document used to request the lower court's transcript of a case when the Supreme Court agrees to hear the decision of a lower court.

 

Term
justiciable
Definition
Cases that involve a legal dispute, meaning the plaintiff or defendant argue that the conviction was made, but laws were broken in the trial.
Term
standing
Definition
A person who brings the case and has a vested interest in the outcome of the case.  Can be family member, friend, random third party, or lawyer involved in the trial.
Term
3 levels of courts
Definition

district courts - original jurisdiction

federal court of appeals - hears appeals from district courts

supreme court - hears appeals from federal courts on constitutional grounds.

Term
4 opinions provided in a Supreme Court ruling
Definition

1. unanimous - all 9 justices have same verdict

2. majority - 5 or more have same verdict

3. concurring - agree with the majority but for different reasons

4. dissenting - question or disagree with the majority

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