Ap Government - Unit 5 Terms

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Precedent

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A legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts.

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Case Law

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the reported decisions of selected appellate and other courts which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis.

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Fee Shifting

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A rule that allows a plaintiff to recover costs from the defendant if the plaintiff win.

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Code (of Law)

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A systematic collection of laws designed to comprehensively deal with the core areas of private law.

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Jurisdiction

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Is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

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Original

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The right to hear a case for the first time.

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Appellate

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A process for requesting a formal change to an official decision.

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Consul

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The official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the country to whom he or she is accredited and the country of which he or she is a representative.

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Judicial Review

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The doctrine in democratic theory under which legislative and executive action is subject to invalidation by the judiciary.

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Diversity Cases

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Cases involving citizens of different states who can bring suit in federal courts.

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Equity

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The name given to the set of legal principles, in jurisdictions following the English common law tradition, which supplement strict rules of law where their application would operate harshly. In civil legal systems,

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Statutes

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a formal written enactment of a legislative authority that governs a country, state, city, or county Typically, they command or prohibit something, or declare policy.

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"Litmus Test" (as it refers to appointments)

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A question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would choose to proceed with the appointment or nomination.

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Senatorial Courtesy

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An unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state.

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"Rule of four"

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A Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the court from controlling all the cases it agrees to hear.

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Amicus Curiae

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A legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

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Majority Opinion

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A judicial opinion agreed to by a majority of the members of a court.It sets forth the decision of the court and an explanation of the rationale behind the court's decision.

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Concurring Opinion

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Is a written opinion by some of the judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.

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Dissenting Opinion

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An opinion of one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

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Per curium Opinion

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Is a ruling issued by an appellate court with multiple judges in which the decision rendered was made by the court (or at least, a majority of the court) acting as a whole, anonymously.

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Obiter Dictum

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Latin for a statement "said by the way." A remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision.

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Solicitor General

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The person appointed to represent the Government of the United States before the Supreme Court of the United States.

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Criminal Law

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Any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply.

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Civil Law

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The branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim.

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Plea Bargain

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An agreement in a criminal case where by the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.

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Class Action Suit

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A case brought by someone to help him or her and all other who are similarly situated.

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Defendant

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Any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.

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Constitutional Court

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A high court that deals primarily with constitutional law.

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Legislative Court

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Courts created by Congress for the specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.

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Strict Constructionist activist approach

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The view that judges should decide cases strictly on the basis of the language of the laws of the Constitution.

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Political questions

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A ruling that a matter in controversy because:
The U.S. Constitution has committed decision-making on this subject to a coordinate branch of the federal government; or
There are inadequate standards for the court to apply; or
The court feels it is prudent not to interfere.

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In Forma Pauperis

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A legal term derived from the Latin phrase in the character or manner of a pauper. In the United States, this designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense.

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Stare Decisis

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The legal principle by which judges are obliged to obey the precedents established by prior decisions.

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remedy (judicial)

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The means with which a court of law, usually in the exercise f civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will.

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Concurrent Jurisdiction

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Two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their lawsuit heard in the court that they perceive will be most favorable to them.

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Exclusive Jurisdiction

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Where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.

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Sovereign Immunity

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The rule that a citizen cannot sue the government without the government's consent.

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Federal Questions

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Cases concerning the Constitution, federal laws, or treaties.

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Docket

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The official schedule of hearings in a court of law.

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Plaintiff

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The party who initiates a lawsuit (also known as an action) before a court.

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Certiorari

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Writ; Orders a lower court to send transcripts of a case for possible appeal.

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Habeas Corpus

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Writ; Orders law enforcement to bring a person who is being held in custody while charged with a crime and show sufficient grounds to hold him.

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Mandamus

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Writ; Orders a public official to carry out his duty.

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Injunction

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Writ; Orders a person not to do something, but can also order him to do something.