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20 Cards in this Set

  • Front
  • Back

Civil law

Rules to settle disputes among private citizens

Criminal law

Rules defining offenses against society as a whole and for which conviction could result in a prison term

Amicus curiae

"Friend of court" groups or individuals not directly invoked in a suit who can file legal briefs or oral arguments in support of one side

Brief

Legal document submitted to the court in an appeal

In forma pauperis

Petition filed with SC by a poor person

Remedy

Court order stating what must be done to correct a situation a judge believed to be wrong

Writ of certiorari

Order issued by SC to lower court to send up files of a case that's on appeal

Writ of mandamus

Order by SC to a lower court or govt official to do something they are supposed to do according to the law

Plaintiff

The party that files the lawsuit

Solicitor general

High ranking official in the justice department who decides the cases the fed government will appeal from lower courts and personally approved every case the gov presents to the SC

Dual sovereignty

Doctrine holding that state and fed authorities can prosecute the same person for the same conduct

Fee shifting

Allowing the plaintiff to get money from the defendant for costs if plaintiff wins

Judicial review

The right of federal courts to declare laws of cong and acts of exec branch unconstitutional

Litmus test

Political criterion used by pres in selecting and by senators in confirming judges to nominate to fed courts

Senatorial courtesy

Senate will not confirm district court judge if senator from that state and of presidents party object

Sovereign immunity

Forbids suing of the gov without its consent

Standing

Who is entitled to being a case

Stare decisis

Rule where judges try to follow precedent in deciding cases

Court packing

An attempt by FDR to expand the size of the SC to add new justices that favored his new deal programs

Justiciable dispute

Concept that the SC only takes real cases that can have legal solution, not hypothetical situations