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34 Cards in this Set
- Front
- Back
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Adversarial System
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Trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law
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Civil Law Tradition
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A legal system based on a detailed comprehensive legal code, usually created by the legislature
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Constituitional Law
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Law stated in the Constitution and the body of judicial decisions about the meaning of the constitution handed down in the courts
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Substantive Law
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Law whose content, or substance, defines what we can or cannot do
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Writ of Certiorari
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Formal request by the U.S. Supreme Court to call up the lower court case it decides to hear on appeal
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Change of Venue
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Removal of a trial to a different geographical area
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Statutory Law
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Law passed by a state or the federal legislature
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Judicial Review
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The power of the courts to determine the constitutionality of laws
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Amicus Curiae Brief
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A "friend of the court" document filed by interested parties to encourage the court to grant or deny certiorari or to urge it to decide a case in a particular way
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Criminal Law
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Law prohibiting behavior the government has dtermined is harmful to society; violating a criminal law is called a crime
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Judicial restraint
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view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past
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Rule of Four
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Requirement that four Supreme Court justices must agree to grant a case certiorari in order for the case to be heard
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Inquisitorial System
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Trial Procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses
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Concurring Opionions
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Documents written by the justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling
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Judicial Activism
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View that the courts should be lawmaking, policymaking bodies
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Civil Law
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Law regulating interactions between individuals; violating a civil law is called a tort
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Senatorial Courtesy
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Tradition of Granting senior senators of the presidents party considerable power over federal judicial apointments in thier home states
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Common Law Tradition
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A legal system based on the accumulated rulings of judges over time, applied uniformly-judge-made law
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Forum-Shopping
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The practice of trying to get a case heard in the jurisdiction where the outcome is expected to be favorable
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Procedural Due Process
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Procedural laws that protect the rights of individuals who must deal with the legal system
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Judicial Interpretivism
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A judicial approach holding that the constitution is a living document and that judges should interpret it according to changing times and values
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Procedural Law
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Law that establishes how laws are applied and enforced-how legal proceedings take place
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Courts
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Instituitions that sit as neutral third parties to resolve conflicts according to the law
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Appellate jurisdiction
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The authority of a court to review decisions made by lower courts
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Original Jurisdiction
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The authority of a court to hear a case first
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Appeal
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A rehearing of a case because the losing party in the original trial argues that a point of law was not applied properly
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Strict Constructionism
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A judicial approach holding that the constitution should be read literally with the framers intentions uppermost in mind
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Rule of Law
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The principle that laws must be publicized, nonarbitrary, and uniformly applied; no citizen is above the law
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Precedent
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A previous decision or ruling that, in commmon law tradition, is binding on subsequent decisions
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Administrative Law
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Law established by the bereaucracy, on behalf of Congress
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Jurisdiction
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A court's authority to hear certain cases
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Opinion
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The written decision of teh court that states the judgment of the majority
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Executive Order
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A clarification of congressional policy issued by the president and having the full force of the law
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Dissenting Opinions
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Documents written by justices expressing disagreement with the majority ruling
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