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36 Cards in this Set

  • Front
  • Back
A judicial decision that may be used as a standard in subsequent similar cases
Case Law
law established by judicial decisions in particular cases, instead of by legislative action.
Stare Decisis
let the decision stand
Justice applied in circumstances covered by law yet influenced by principles of ethics and fairness.
A law enacted by a legislature.
Te Authority of a court to hear a case
Original Jurisdiction
The Authority to hear a case that has not previously been heard
Appellate Jurisdiction
The Authority of a court to review a decision by a lower court
an official appointed by the government of one country to look after its commercial interests and the welfare of its citizens in another country.
Federal Questions
refers to the situation in which a court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of the United States.
Judicial Review
the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official.
The Court Calendar
"Litmus Test"
Most Presidents want their appointees to believe certain ways on certain issues
Senatorial Courtesy
the practice in the U.S. Senate of confirming only those presidential appointees approved by both senators from the state of the appointee, or by the senior senator of the president's party.
Writ of Certiorari
a writ issuing from a superior court calling up the record of a proceeding in an inferior court for review.
Writ of Habeas Corpus
a writ ordering a prisoner to be brought before a judge
Writ of Mandamus
a writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail
In Forma Pauperis
without liability for court costs and court fees
"Rule of Four"
a rule in the U.S. Supreme Court under which a petition for certiorari will be granted and the case in question reviewed if four of the nine justices so decide
Amicus Curiae
a person, not a party to the litigation, who volunteers or is invited by the court to give advice upon some matter pending before it.
Majority Opinion
the opinion joined by a majority of the court (generally known simply as `the opinion')
Concurring Opinion
an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
Dissenting Opinion
an opinion that disagrees with the court's disposition of the case
Obiter Dictum
an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding
Solicitor General
Usually argues the case for the government when the US is a party to the case
Criminal Law
Law that deals with crimes and their punishments.
Civil Law
The body of laws of a state or nation dealing with the rights of private citizens.
Sovereign Immunity
an exemption that precludes bringing a suit against the sovereign government without the government's consent
Plea Bargain
To make an agreement in which a defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges
Class Action Suit
A lawsuit brought by one party on behalf of a group of individuals all having the same grievance.
The party which initiates a lawsuit.
A person charged in a legal action.
Constitutional Court
a court established by a constitution; especially : the federal courts established by Article III
Legislative Court
a court created by Congress under Article I whose judges are subject to removal from office and salary reduction
A court order requiring a person not to do something.
Per Curium Opinion
noting an action taken by the court as a whole, esp. an anonymous opinion of the whole court, as contrasted with an opinion delivered in the name of a particular judge.