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