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Fed Judicial Branch

Federal Judicial Branch - PES

QuestionAnswer
Judicial Power Power of court to: -Officially determine what words of law mean through the cases brought before it. (Case Law) -Void a law or act of government that it finds to be in conflict with the constitution through the cases brought before it (Judicial Review)
Criminal Cases Government presses charges
Civil Cases Plaintiff files complaint
Constitutional Courts High court primarily dealing with Constitutional law
Special Courts Bodies in judicial branch addressing only one area of law or having special powers
Jurisdiction Power of a court to try and decide a case
Federal District Courts Trial courts of the Federal Court System which hear all categories of Federal cases
Federal District Courts of Appeal U.S. Court of Appeals - HQ in Washington D.C.
Writ of Certiorari Order issued by a higher court directing a lower court to send up the record of a case for its review
Briefs Documents containing legal arguments designed to persuade a court
U.S. Federal Claims Courts U.S. Federal Court which hears monetary claims against the U.S. government
Libel Publication of statements that wrongfully damage the reputation of another
Symbolic Speech Expression of beliefs and ideas by conduct rather than in speech or in print
Prior Restraint Form of censorship in which one is prevented in advance from communicating certain material, rather than being made answerable afterwards
Sedition Spoken, written, or other action promoting resistance to lawful authority (especially when advocating the violent overthrow of a government)
Due Process State and National Constitution and 5th and 14th Amendments ensure government will not deprive any person of life, liberty, or property by any unfair, arbitrary, or unreasonable action, and government will act in accord with established rules
Probable Cause Reasonable grounds or a good basis for the belief something (a crime) is true (was committed)
Exclusionary Rule Evidence gained by illegal or unreasonable means cannot be used at the court trial of the person from whom it was seized. (Supreme Court interpretation of the 4th and 14th Amendments)
Writ of Habeas Corpus Court order that a prisoner be brought before the court and that the detaining officer show cause as to why the prisoner should not be released. This was designed to prevent illegal arrests and unlawful imprisonments.
Bill of Attainder Legislative act that inflicts punishment upon a person or group without a trial
Ex Post Facto Law Criminal law applied retroactively to the disadvantage of the accused is prohibited by the Constitution
Indictment Accusation by a Grand Jury; A formal finding by the Grand Jury that there is sufficient evidence against a named person to warrant his/her criminal trial
Information Formal charge brought against am named person by the prosecutor directly rather than by a Grand Jury
Double Jeopardy Trial a second time for a crime of which the accused was acquitted in a first trial is prohibited by the 5th and 14th Amendments
Miranda Rule Constitutional rights told to suspect before questioning 1.Remain silent 2.Anything said can be used against them 3.Right to an attorney before questioning 4.Right to court appointed attorney if suspect cannot afford 5.Suspect can end questioning at
Change of Venue In the interest of justice a case may be moved to another court within the same jurisdiction
Perjury Lying under oath (Felony)
In re Gault Juveniles prosecuted in the juvenile system are entitled to the same due process rights as those prosecuted in the adult system despite the fact the juvenile system is not punitive. This excludes the right to a jury trial.
Adjudication Guilt determination phase of the juvenile system
Created by: bmaze
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