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| 59065068 | 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. | 0 | |
| 59065069 | adversary system | A judicial system in which the court of law is a neutral arena where two parties argue their differences. | 1 | |
| 59065070 | justiciable dispute | A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods. | 2 | |
| 59065071 | class action suit | Lawsuit brought by an individual or a group of people on behalf of all those similarly situated. | 3 | |
| 59065072 | defendant | In a criminal action, the person or party accused of an offense. | 4 | |
| 59065073 | 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. | 5 | |
| 59065074 | 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. | 6 | |
| 59065075 | political question | A dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; judges refuse to answer constitutional questions that they declare are political. | 7 | |
| 59065076 | Statutory Law | Law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders. | 8 | |
| 59065077 | Common Law | Judge-made law that originated in England in the twelfth century, when royal judges traveled around the country settling disputes in each locality according to prevailing custom. The common law continues to develop according to the rule of stare decisis, which means "let the decision stand." This is the rule of precedent, which implies that a rule established by a court is to be followed in all similar cases. | 9 | |
| 59065078 | Equity Law | Law used whenever common-law remedies are inadequate. For example, if an injury done to property may do irreparable harm for which money damages cannot provide compensation, under equity a person may ask the judge to issue an injunction ordering the offending person not to take the threatened action. If the wrongdoer persists, he or she may be punished for contempt of court. | 10 | |
| 59065079 | Constitutional Law | Statements interpreting the U.S. Constitution that have been given Supreme Court approval. | 11 | |
| 59065080 | Admiralty and Maritime Law | Law applicable to cases concerning shipping and waterway commerce on the high seas and on the navigable waters of the United States. | 12 | |
| 59065081 | Administrative Law | Law relating to the authority and procedures of administrative agencies as well as to the rules and regulations issued by those agencies. | 13 | |
| 59065082 | Criminal Law | Law that defines crimes against the public order and provides for punishment. Government is responsible for enforcing criminal law, the great body of which is enacted by states and enforced by state officials in state courts. The criminal caseload of federal judges is growing. | 14 | |
| 59065083 | Civil Law | Law that governs the relations between individuals and defines their legal rights. However, the government can also be a party to a civil action. Under the Sherman Antitrust Act, for example, the federal government may initiate civil as well as criminal action to prevent violations of the law. | 15 | |
| 59065084 | writ of habeas corpus | A court order requiring explanation to a judge why a prisoner is being held in custody. | 16 | |
| 59065085 | original jurisdiction | The authority of a court to hear a case "in the first instance." | 17 | |
| 59065086 | appellate jurisdiction | The authority of a court to review decisions made by lower courts. | 18 | |
| 59065087 | grand jury | A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment. | 19 | |
| 59065088 | petit jury | A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action. | 20 | |
| 59065089 | magistrate judge | An official who performs a variety of limited judicial duties. | 21 | |
| 59065090 | court of appeals | A court with appellate jurisdiction that hears appeals from the decisions of lower courts. | 22 | |
| 59065091 | 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. | 23 | |
| 59065092 | judicial self-restraint | Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. | 24 | |
| 59065093 | judicial activism | Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. | 25 | |
| 59065094 | 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. | 26 | |
| 59065095 | writ of certiorari | A formal write used to bring a case before the Supreme Court. | 27 | |
| 59065096 | 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. | 28 | |
| 59065097 | opinion of the court | An explanation of a decision of the Supreme Court or any other appellate court. | 29 | |
| 59065098 | dissenting opinion | An opinion disagreeing with the majority in a Supreme Court ruling. | 30 | |
| 59065099 | concurring opinion | An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning. | 31 | |
| 60669004 | writ of mandamus | Court order for one party to perform a certain act. | 32 | |
| 60669005 | injunction | A court order forbidding a certain act. | 33 | |
| 60669006 | class action lawsuit | A civil grievance brought by a group. | 34 | |
| 60691123 | passive | A description of judicial power. Courts cannot just "decide" to take cases. | 35 | |
| 60691124 | standing | Only those who have sustained injury can take a case to court. | 36 | |
| 60691125 | Bush v. Gore | Evidence of the judiciary's newfound willingness to rule on political questions. | 37 | |
| 60691126 | exclusive jurisdiction | Sole authority of a federal court. | 38 | |
| 60691127 | concurrent jurisdiction | Authority of both a federal and a state court. | 39 | |
| 60691128 | indictment | A formal accusation that a person has committed a criminal offense. | 40 | |
| 60691129 | attorney general | Appointed by the President with Senate confirmation, the person in this position oversees the Justice Department and sits in the Cabinet. | 41 | |
| 60691130 | solicitor general | Appointed by the President with Senate confirmation, the person in this position represents the United States government in the Supreme Court, deciding the government's position and which cases it will appeal. | 42 | |
| 60691131 | Senate Judiciary Committee | Has authority over confirmation of judicial nominees. | 43 | |
| 60691132 | Marbury vs. Madison | 1803 case that gave the Supreme Court the power to determine the constitutionality of a case. | 44 | |
| 60691133 | Brown vs. Board of Education | Case that declared separate but equal unconstitutional. | 45 | |
| 60691134 | Plessy vs. Ferguson | Case that declared separate but equal constitutional. | 46 | |
| 60691135 | rule of four | Four Supreme Court justices must select a case for it to be heard. | 47 | |
| 60691136 | judicial activism | Judicial rulings based on broad interpretation instead of existing law or precedent. | 48 | |
| 60691137 | Texas vs. Johnson | 1989 case that protected flag burning as a fair expression of free speech. | 49 | |
| 60691138 | Clinton vs. New York | 1998 case that declared the line-item veto unconstitutional. | 50 | |
| 60691139 | DC v. Heller | 2008 case that declared DC handgun ban unconstitutional. | 51 | |
| 60691140 | US v. Eichmann | 1990 case that protected flag burning at a federal level. | 52 | |
| 60691141 | Atkins vs. Virginia | 2002 case that declared death penalties for mentally retarded unconstitutional. | 53 | |
| 60691142 | Lawrence vs. Texas | 2003 case that declared anti-sodomy laws unconstitutional. | 54 | |
| 60691143 | judicial restraint | Belief that courts should not make new law. | 55 | |
| 60691144 | Miranda vs. Arizona | 1966 case that protected the rights of the accused. | 56 | |
| 60691145 | Baker vs. Carr | 1962 case that banned racial gerrymandering. | 57 | |
| 60691146 | Roe v. Wade | 1973 case that legalized abortion. | 58 | |
| 60691147 | UC Regents vs. Bakke | 1978 case that allowed for some forms of affirmative action. | 59 |
