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34 Cards in this Set

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