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25 Cards in this Set
- Front
- Back
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Common Law
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a collection of judge-made laws that developed over centuries and is based on decisions made by previous judges.
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Precedence
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The practice of deciding new cases with reference to former decisions
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Stare Decisis "let the decision stand"
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Based on precedent,and is a cornerstone of English and American judicial systems
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Marbury v. Madison
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A case where John Marshall claimed the power for the court.
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Plaintiff
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Person bringing the charges
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Criminal Law cases
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An individual is charged with violating a specific law and the government prosecutes
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Civil Law cases
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no charge of criminality is made, but one person accuses another of violating his or her rights.
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Gideon v. Wainwright
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1964 case that determined that all accused persons in state criminal trials should be supplied with a lawyer, free if necessary, if the crime charged was a felony.
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Dual court system
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one federal, one state
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Political ideology
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one's belief about government
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Judicial Implementation
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the translation of court decisions into actual ploicy that affects the behavior of others.
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adversarial system
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a neutral arena in which two parties present opposing views before an impartial arbiter
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judicial retraint
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policy where judges play a minimal policy-making role, leaving policy decisions to the other branches
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judicial activism
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judeges make policy decisions and interpret the Constitution in new ways
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political questions
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provide ground to avoid settling disputes more appropriately resolved by Congress and the president
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writ of certiorari
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"made more certain"
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majority opinion
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the official opinion of the court
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dissenting opinion
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those justices who do not agree with the Court's majority decision
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concurring opinion
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he or she agrees with the majority decision but does so for other reasons than stated in the majority opinion
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amici curiae
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"friends of the court" ( individuals, organizations, or government agencies that have an interest in the case and a point of view to express
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"Litmus Test"
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a test of ideological purity that must be passed before a candidate is nominated or confirmed to the supreme court
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District Courts
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Trial courts of original jurisdiction, the starting point for most ligitation in the federal courts
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Courts of appeal
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have appellate jurisdiction only; no cases go to them first
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solicitor general
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represents the government to the supreme court
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Brown v Board of Education of Topeka
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one of the most successful groups in the National Association for the Advancement of Colored People
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