Terms : Hide Images
| 9321537839 | Defendant | The accused criminal or the person being sued | 0 | |
| 9321537840 | Prosecution | The legal team that tries to prove the guilt of accused criminals | 1 | |
| 9321537841 | Civil Case | Laws that relate to disputes between parties not covered by criminal law | 2 | |
| 9321537842 | Litigation | Another term for lawsuits | 3 | |
| 9321537844 | Indict | When a grand jury decides there is enough evidence to bring a person to trial, they will draw up charges, this is called an indictment. | 4 | |
| 9321537847 | Plea Bargaining | Admitting guilt to a lesser charge to avoid a harsher punishment. 90% of cases are plea bargained. | 5 | |
| 9321537848 | Felony | Crimes that are of a more serious nature | 6 | |
| 9321537853 | Habeas Corpus | Guarantees that detained persons be told what they are being held for and charged with a crime or let go. | 7 | |
| 9321537856 | Jurisdiction | Power of a court to hear a case | 8 | |
| 9321537857 | Standing to Sue | Requirement that the person bringing the lawsuit can show that they have a personal stake in the outcome of this case, that the enforcement or implementation of this law somehow harms them or will harm them. | 9 | |
| 9321537858 | Senatorial Courtesy | Unwritten tradition whereby nominations for lower federal district positions are not confirmed if they are opposed by a senator from the state in which the nominee will serve. | 10 | |
| 9321537859 | Amicus Curiae | "Friends of the court" legal brief filed in court by a party interested but not directly involved in the case. They are trying to persuade the judges to see it from their point of view. | 11 | |
| 9321537861 | Judicial Review | Authority of courts to determine constitutionality of all laws and actions of the President-established in Marbury v Madison | 12 | |
| 9321537862 | Original Jurisdiction | Power to hear a case first with a trial | 13 | |
| 9321537863 | Strict Constructionist | The view that judges should decide cases on the basis of the language of the Constitution, not a broad interpretation-a NARROW interpretation, looking at the "letter of the law", not the intent of the law. | 14 | |
| 9321537864 | Broad Constructionist | The view that the judge should decide cases using a BROAD interpretation of the Constitution. They will look at the context and purpose of the LAW. | 15 | |
| 9321537865 | Judiciary Committee | In the SENATE, the conduct hearings for all judicial nominees. | 16 | |
| 9321537866 | Appellate Jurisdiction | Authority to review the decisions of lower courts | 17 | |
| 9321537870 | Federal District Court | Lowest federal court. Known as a trial court. Has original jurisdiction. Can review any court's case if the constitutionality of a law is in question. | 18 | |
| 9321537871 | Judiciary Act of 1789 | Piece of legislation that created the STRUCTURE of the Federal Court System. The Constitution only says there will be a Supreme Court and lower courts that Congress creates, thus Congress created the court system with this legislation. | 19 | |
| 9321537872 | Stare Decisis | Judicial precedent; previous court decisions that are the basis for later rulings. To stand on the decided cases. | 20 | |
| 9321537873 | Writ of certiorari | Granted when at least four Supreme Court justices agree to hear a case-it directs the lower court to send up the case to the Supreme Court. | 21 | |
| 9321537874 | Solicitor General | 3rd ranking official in the Department of Justice. He/she decides what cases the federal government will appeal from the lower courts and will argue for the Federal Government when the federal government is party to a case. | 22 | |
| 9321537876 | Circuit Court of Appeals | 13 nationwide Courts who hear appeals from the federal district courts. These courts sit in panels of 3 judges. Their job is to determine if the trial court made a procedural error. There is no jury and no testimony. They review the transcripts of the trial court. | 23 | |
| 9321537877 | Affirmed | The Court upholds the lower court's decision | 24 | |
| 9321537878 | Remanded | The case will be sent back to the court that originally heard the case for a new trial. | 25 | |
| 9321537879 | Majority Opinion | A court opinion reflecting the views of the majority of the judges. If the Chief Justice is in the majority, he will write the opinion for the Court. | 26 | |
| 9321537880 | Judicial Activism | The tendency of judges to interpret the constitution in a way that brings about broad sweeping social change, to right the wrongs of society. | 27 | |
| 9321537881 | Judicial Restraint | Assumes the Court should defer to the elected officials (Congress and the President) and not try to "legislate" from the bench. | 28 | |
| 9321537883 | Oral arguments | Verbal arguments presented by lawyers to an appellate court arguing why the Court should rule in their favor. | 29 | |
| 9321537884 | Class Action lawsuit | Lawsuit filed by an individual seeking damages for "all people in similar circumstances." | 30 | |
| 9321537885 | Concurring Opinion | Brief written by a justice who agrees with the final opinion of the Court but for different reasons | 31 | |
| 9321537886 | Dissenting Opinion | Brief written by a Justice who does not agree with the majority opinion. Important because it often shapes the argument used years later if the Court reverses a previous decision and sets a new precedent. | 32 | |
| 9321537887 | Federal Judges | They are nominated by the President and confirmed by the Senate. They serve for life or during good behavior. | 33 | |
| 9321537888 | Equal Protection Clause | Part of the 14th amendment that says states must also provide rights to all persons within the United States jurisdiction. It opened the door for incorporation (applying the bill of rights to the states as well). | 34 | |
| 9322290839 | Rule of Four | Procedure in which four Supreme Court justices have to agree to hear a case. | 35 |
