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Judicial Vocab
| Term | Definition |
|---|---|
| original jurisdiction | the authority of a court to hear a case for the first time |
| appellate jurisdiction | a higher court reviews the decision of a lower court |
| litigant | a person or party engaged in a lawsuit |
| due process | the legal requirement that the state must respect all legal rights owed to a person |
| grand jury | the primary function is to determine if there is probable cause to see if there is an actual crime and if they should be charged |
| indictment | a formal written statement prepared by a prosecuting authority that charges an individual with a crime; typically issued by a grand jury |
| Prima Facie | "at first sight"; evidence or arguments that are sufficient to establish a case unless contradicted or disproven by further evidence |
| Probable cause | reasonable belief that a crime has been, is being, or will be committed |
| Preponderance of the evidence | the party bearing the burden of proof demonstrate that their claims are more likely true than not true |
| Clear and convincing evidence | the evidence presented by a party must be highly and substantially more likely to be true than untrue (has to be more true than preponderance of the evidence) |
| Proof beyond a reasonable doubt | the prosecution must establish the defendant's guilt to such an extent that there is no reasonable doubt remaining in the minds of the jurors regarding the defendant's guilt (must be unquestionably true) |
| district court | a type of trial court within the United States federal judicial system; have jurisdiction to hear both civil and criminal cases |
| circuit court | a type of trial court that typically has general jurisdiction over civil and criminal cases within a specific geographic area |
| opinion | a formal expression of judgment or reasoning by a judge or a judicial panel regarding a legal case |
| solicitor general | a government official who serves as the chief representative of the government in courtroom proceedings |
| brief | a written document that presents arguments and legal reasoning to a court, advocating for a particular position in a case |
| amicus curiae | "friend of the court"; a person or organization that is not a party to a legal case but offers information, expertise, or insights relevant to the case |
| writ of certiorari | a legal document issued by a higher court, typically the Supreme Court, requesting the records of a case from a lower court for review |
| majority opinion | a judicial opinion that is agreed upon by more than half of the judges on a court |
| dissenting opinion | a formal opinion written by a judge or justice who disagrees with the majority opinion in a legal case |
| oral argument | a spoken presentation made by attorneys or parties representing themselves before a judge or appellate court |
| judicial review | the power of the courts to examine the actions of the legislative, executive, and administrative branches of government and determine whether those actions are consistent with the constitution |
| precedent | a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases |
| free exercise clause | prohibits Congress from making any law that interferes with the free exercise of religion |
| parochial school | parochial school is defined as a private primary or secondary school that is affiliated with a religious organization |
| secular | a system of laws and governance that is independent of religious influence or authority |
| slander | a false spoken statement that damages another person's reputation |
| libel | a written or published statement that is false and defamatory |
| symbolic speech | nonverbal, nonwritten forms of communication that are intended to convey a particular message |
| seditious speech | speech that advocates for the violent overthrow of the government or incites rebellion against established authority |
| prior restraint | governmental prohibition imposed on expression before it actually takes place |
| gag order | a legal order issued by a court or government that restricts individuals or organizations from publicly discussing or disclosing certain information |
| law | a set of rules created and enforced by social or governmental institutions to regulate behavior within a community |
| constitutional law | a body of rules, doctrines, and practices that govern the operation of political communities and define the structure, powers, and limitations of government branches |
| state statue | laws enacted by state legislatures and signed by the respective state governors |
| federal statue | laws passed by the United States Congress and signed by the President |
| city ordinance | a law enacted by a local government authority, such as a city council |
| common law | a body of law primarily developed through judicial decisions rather than through statutes or written legislation |
| procedural due process | fair treatment through the judicial system |
| voir dire | "to speak the truth"; a preliminary examination process during a trial |
| civil law | a legal system that governs disputes between private individuals or entities |
| expressed contract | a legally binding agreement in which the terms are explicitly stated, either orally or in writing |
| implied contract | a legally binding obligation that arises from the actions, conduct, or circumstances of the parties involved, rather than from explicit verbal or written agreements |
| real property | land and any permanent structures or improvements attached to it, such as buildings, fences, and other fixtures |
| personal property | movable assets that are not fixed permanently to one location |
| tort | a civil wrongdoing that causes harm or loss to another individual |
| plaintiff | the party who initiates a legal action or lawsuit in a court of law |
| defendant | individual or entity against whom a legal action is brought in a court of law |
| injunction | a court order that requires a person to do or refrain from doing a specific act; permanent and temporarily restraining order |
| summons | a legal document issued by a court that notifies a person that they are being sued or required to appear in court |
| affidavit | a written statement made under oath or affirmation, typically before an authorized official, such as a notary public or magistrate |
| criminal law | a body of law that pertains to crimes and their punishments. It defines conduct that is considered harmful or dangerous to society as a whole and establishes the legal penalties for those who violate these laws |
| misdemeanor | a type of criminal offense that is considered less serious than a felony |
| felony | a serious criminal offense that is typically punishable by imprisonment for more than one year or by death, depending on the jurisdiction and the nature of the crime |
| arrest warrant | an official document issued by a judge or magistrate that authorizes law enforcement to arrest a specific individual |
| plea bargain | legal arrangement where the defendant agrees to plead guilty to a charge in exchange for concessions from the prosecutor; concessions can be less serious of the charges, a recommendation for a more lenient sentence, or the dismissal of other charges |
| jury | a sworn body of individuals convened to hear evidence and make findings of fact in a legal trial; Primary role: render an impartial verdict based on the evidence presented to them by the court |
| verdict | the formal finding or decision made by a jury (or sometimes a judge) regarding the matters presented during a trial |
| hung jury | a situation in which the members of a jury are unable to reach a unanimous decision on a verdict after deliberating for a significant period of time |
| sentence | the formal judgment delivered by a court after a defendant has been found guilty of a crime |
| double jeopardy | a legal principle that protects individuals from being prosecuted more than once for the same offense |
| District, county, state, prosecuting attorney; county prosecutor | the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area |
Created by:
malaia.e
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