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U.S. Gov Ch 14 Vocab
Government by the People
| Question | Answer |
|---|---|
| Judicial Review | The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution |
| Adversary System | A judicial system in which the court of law is a neutral arena where two parties argue their differences |
| Criminal Law | A law that defines crimes against the public order |
| Civil Law | A law that governs relationships between individuals and defines their legal rights |
| 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 | The authority of a court to hear a case "in the first instance" |
| Appellate Jurisdiction | The authority of a court to review decisions made by lower courts |
| Court of Appeals | A court with appellate jurisdiction that hears appeals from the decisions 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 |
| Writ of Habeas Corpus | A court order requiring explanation to a judge why a prisoner is being held in custody |
| 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 in 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 a decision of the Supreme Court or ant other appellate court |
| Dissenting Opinion | An opinion disagreeing with the 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 |
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gemmagrover
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