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Unit IV - Ch. 12
study for final exam
27
History
Undergraduate 2
12/11/2017

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Term
amicus curiae
Definition
literally, "friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs
Term
briefs
Definition
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
Term
chief justice
Definition
justice on the Supreme Court who presides over the Court's public sessions and whose official title is chief justice of the United States
Term
civil law
Definition
the branch of law that deals with disputes that do not involve criminal penalties
Term
court of appeals
Definition
a court that hears the appeals of trial court decisions
Term
criminal law
Definition
the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts
Term
defendant
Definition
the one against whom a complaint is brought in a criminal or civil case
Term
dissenting opinion
Definition
a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case
Term
due process of law
Definition
the right of every citizen against arbitrary action by national or state governments
Term
judicial activism
Definition
judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions
Term
judicial restraint
Definition
judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document's meaning
Term
judicial review
Definition
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison
Term
jurisdiction
Definition
the sphere of a court's power and authority
Term
opinion
Definition
the written explanation of the Supreme Court's decision in a particular case
Term
oral argument
Definition
the stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices
Term
original jurisdiction
Definition
the authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court's decision
Term
plaintiff
Definition
the individual or organization that brings a complaint in court
Term
plea bargain
Definition
a negotiated agreement in a criminal case in a which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge the defendant is facing
Term
precedent
Definition
prior case whose principles are used by judges as the basis for their decisions in present cases
Term
senatorial courtesy
Definition
the practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination
Term
solicitor general
Definition
the top government lawyer in all cases before the Supreme Court in which the government is a party
Term
stare decisis
Definition
literally, "let the decision stand." The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled
Term
supremacy clause
Definition
Article VI of the Constitution, which states that laws passed by the national government and all treaties "shall be the supreme Law of the Land" and superior to all laws adopted by any state or any subdivision
Term
supreme court
Definition
the highest court in a particular state or in the United States. This court primarily serves an appellate function
Term
trial court
Definition
the first court to hear a criminal or civil case
Term
writ of certiorari
Definition
a decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning "to make more certain"
Term
writ of habeas corpus
Definition
a court order that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion
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