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31 Cards in this Set

  • Front
  • Back
amicus curiae
friend of the court
appellate court
defendant 1st appeal the conviction to the higher state court
briefs
written documents that may be several hundred pages long in which the attorneys explain why the Court should rule in thier clients favor
cheif justice
presides over the courts public sessions and conferences
civil law
involves disputes among ind. or between ind. and the gov't where no criminal violation is charged
criminal law
the gov't charges an ind. w/violating a statue that has been enacted to protect public health, saftey and morals
defendant
alleged criminal violation has been committed
dissenting opinion
justices who disagree w/the majority decision of the court may choose to publicize their disagreement
due process of law
the right to councel, imposed excess bail, or otherwise denied
judicial activism
go beyond the words of the constitution or a statute to consider the broader societial implications of its decision
judicial restraint
look strictly at the words of the constitution in interpreting its meaning
judicial review
the authority and obligation to review any lower court decision where a substantial issue of public law is involved
jurisdiction
cases heard in fed. courts if they involve fed. laws, treaties w/other nations, or the US constitution
Miranda Rule
arrested people have the right to remain silent, the right to be imformed that anything they say....
opinion
after reaching a decision, one member of the majority writes the majority opinion
oral argument
attorney's for both sides appear before the court to present their positions and answer the justices' questions
original jurisdiction
courts responsible for discovering the facts in a controversy and creating the record on which a judgement is based
per curiam
rejection through a brief, unsigned opinion by the whole court
plantiff
party that brings the charges
plea bargains
settled before trial that negotiationed agreements between the parties
precedents
prior decisions
public law
when a case involves the powers of gov't or the rights of citizens as defined under the constitution or by statute
senatorial courtesy
before the Pres. makes his formal nomination, the senators from the the state must indicate that they support the nominee
solicitor general
3rd ranking official in the justice dept. but is the top gov't lawyer in virtually all cases before the Sur. Court
stare decisis
a latin phrase meaning "Let the decision stand"
surpremacy clause
implies that the court may review the constitutionality of state laws
surpreme court
highest court
trial court
violations of state laws prohibiting actions as murder, robbery, etc.
Uniform Commercial Code
reduces interstate differences
writ of certiorari
is granted whenever four of the nine justices agree to review a case
writ of habeas corpus
a fundamental safeguard of individual rights