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Judicial Branch
vocab
| Term | Definition |
|---|---|
| litigant | A person who is actively involved in a court case |
| plaintiff | Party who initiates [brings] a lawsuit |
| defendant | Party against whom a lawsuit is brought |
| Jurisdiction | A court's authority to hear & decide a case |
| Judicial Review | Precedent est. via Marbury v. Madison that allows SCOTUS to declare a law or action unconstitutional |
| "Rule of Four" | Method of the Court for setting the docket (schedule of cases) |
| Writ of Certiorari | An order for a lower court to send up the case for review |
| Briefs | Written documents filed with a court before oral arguments |
| Amicus Curiae | "Friend of the Court" brief filed with the Court's permission by persons with related interest |
| Solicitor General | Chief lawyer of the Justice Department who represents the U.S. Government before the Court |
| Court clerks | Keeps a record of all the courts proceedings |
| Federal Magistrate | Officer who handles a number of legal matters once delt with by the judges |
| U.S. Attorney | Responsible for the prosecution of people charged with federal crimes |
| U.S. Marshall | arrests in federal criminal cases, execute court orders and decisions |
| Law clerks | Law school graduates, who assist judges, research, and write drafts of opinions |
| Appellant/Petitioner | one who lost case and seeks (petitions) a reversal |
| Appellee/responder | one who defends (agrees with) original decision of lower court |
| Docket | cases the court has agreed to hear |
| Recuse | to remove oneself from a case due to a potential/perceived conflict of interest |
| Stare decisis | "let the decision stand" |
| ABA | American Bar Association |
| the Federalist Society | a group of Yale student federalists that are frustrated with left warded tilt that they argued was hostile to the Principles of the Constitution |
| "to bork" | to attack or defeat a nominee or candidate in office |
| Litmus test | an ideological test in which a single factor or issue determines opposition or support |
| court packing | making the court bigger |
| precedent | a decision made to be a guide to follow in all later similar cases |
| Constitutional Law | the highest form of law in the US and is based on the US constitutions, states constitutions and judicial interpretations of those documents |
| Statutory Law (statutes) | consists of laws enacted by legislative bodies, include US congress, state legislature, the people and local governments |
| Administrative Law | composed of rules, order and regulation issued by federal, state or local executive officers acting under constitutional and/or statutory athority |
| Common Law | unwritten law judge made makes up a large part of each state, provides remedies for problems after they happen |
| Equity | seeks to stop wrongs before they occur |
| crime | a public wrong that has been prohibited by law |
| felony | a great offense with heavy punishment. Large fine, imprisonment, death |
| misdemeanor | a small offense with less punishment, short jail time |
| torts | a wrong act that involves injury to a person, property or reputation that isn't covered in a contract |
| contracts | a legal agreement in witch one or more party agrees to do something with or for another party |
| Magistrates Court | handle minor civil complaints and misdemeanor cases |
| Municipal Court | can hear civil cases involving thousands of dollars and misdemeanors |
| Juvenile Court | a court for individuals under 18 |
| Missouri Plan | States desired a way to select honest, nonpolitical, well-trained judges |
| Grand Jury | a closed meeting of 12-23 people who decide if government has enough evidence to try the accused |
| Bail/bond | amount an accused person must deposit with the court system to be released while awaiting trial |
| arraignment | accused formally notified of charges and then is typically asked to enter a plea in response to such charges |
| petit jury | can be waved in favor of bench trial, with 12 people |
| voir dire | "to speak the truth" |
| sequestered | the jury be placed in isolation to avoid potential interference or outside influence on members |
| subpoena | a court order to appear |
| hung jury | unable to reach decision |
| plea bargain | agreement to plead guilty to less serious charges |
| probation | When a previously convicted individual is freed from custody but under continuing supervision, they are said to be placed on |
| parole | early release based on behavior, and determined by special hearing board |
| prison/jail | state or federal facilities for felons |
| capital punishment | death |
Created by:
lilmajor
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