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supreme court vocab
| Question | Answer |
|---|---|
| justiciable dispute | a dispute growing out of an actual case or controversy and that is capable of settlement by legal methods |
| defendant | in a criminal action, the person or party accused of an offense |
| plea bargain | 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 |
| original jurisdiction | authority of a court to hear a case in the first instance |
| appellate jurisdiction | authority of a court to review decisions made by lower courts |
| court of appeals | a court with appellate jurisdiction that hears appeals from the decision of lower courts |
| precedent | 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 |
| senatorial courtesy | presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work |
| judicial restraint | philosophy proposing that judges should interpret the constitution to reflect what the framers intended and what its words literally say |
| judicial activism | philosophy proposing that judges should interpret the constitution to reflect current conditions and values |
| stare decisis | 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 |
| docket | 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 |
| dissenting opinion | an opinion disagreeing with a majority in a supreme court ruling |
| concurring opinion | an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning |
| writ of habeas corpus | a court order requiring explanation to a judge why a prisoner is being held in custody |
Created by:
toryhur
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