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31 Cards in this Set

  • Front
  • Back
Collection of judge-made laws that develop over centuries and is based on decisions made by previous judges
common law
The practice of deciding new cases with reference to former decisions
precedence
Doctrine based on precendent
stare decisis
What case did Chief Justice, John Marshall, claim power for the court?
Marbury vs. Madison
Person who brings the charges
plaintiff
Person being charged
defendant
This law cases an individual who is charged with violating a specific law and the goverment prosecutes.
criminal law
This law cases no charge of criminality, but one person accuses another of violating his/her rights.
civic law
Serious interst in a case
standing to sue
An example of class action suit.
Brown vs. Board of Education of Topeka
Goverment provides a ______, for people who cannot afford defense attorneys in criminal cases
public defender
What court case determined that all accused persons in state criminal trials should be supplied with a lawyer?
Gideon vs. Wainwright
The US has a dual court system that includes?
one federal court and state courts
State and federal authorities can prosecute the same person for the same conduct under both state and federal law, under?
dual sovereignty
A neutral arena in which two parties present opposing points of view before an impartial arbiter (judge)
adversarial system
Person being charged
defendant
This law cases an individual who is charged with violating a specific law and the goverment prosecutes.
criminal law
This law cases no charge of criminality, but one person accuses another of violating his/her rights.
civic law
Serious interest in a case
standing to sue
An example of class action suit.
Brown vs. Board of Education of Topeka
Goverment provides a ______, for people who cannot afford defense attorneys in criminal cases
public defender
What court case determined that all accused persons in state criminal trials should be supplied with a lawyer?
Gideon vs. Wainwright
The US has a dual court system that includes?
a federal court and state courts
State and federal authorities can prosecute the same person for the same conduct under both state and federal law
dual sovereignty
A neutral arena in which two parties present opposing points of view before an impartial arbiter (judge)
adversarial system
An actual situation rather than a hypothetical one, and one that may be settled by legal methods, is a?
justiciable dispute
Doctrine that provides grounds to avoid settling disputes more appropriatley resloved
political questions
Policy in which judges play minimal policy-making roles, leaving policy decisions to the other two branches
judicial restraint
Judges can make policy decisions and interpret the Constitution in new ways, using?
judicial activism
Three constraints on the power of the federal courts.
adversarial system, justiciable dispute, and political questions
The right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the constitution
judicial review