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65 Cards in this Set
- Front
- Back
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administrative law
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the orders, rules and regulations promulgated by executie branch administrative agenices to carry out their delegated duties
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affirm
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ratify, uphold or approve a lower court ruling
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amicus brief
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submission to the court from a “friend of the court”; an interested individual or organization who is not a party in the case
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appellant/petitioner
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the party making the appeal
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appellee
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party against whom an appeal is made
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black-letter law
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formally enacted, written law that is available in legal reporters or other documents
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clear and present danger
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the doctrine establishing that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm
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common law
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unwritten, judge-made law consisting of rules and principles developed through custom and precedent
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concurring opinion
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a separate opinion of a minority of the court or a single justice agreeing with the court's judgment but applying different reasoning or legal principles
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constitutional law
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set of laws that establish the nature, functions and limits of government
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contempt of court
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any act that is judged to hinder or obstruct a court in its administration of justice; for ex., journalists may be cited for contempt of court for refusingt to disclose information
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de novo
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a fresh or "new" review; thus, on appeal, the court reviews the facts rather than simply the legal posture and process of the case
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defendant
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the party accused of violating a law or who is being sued in a civil lawsuit
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deference
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an act in which courts give weight to the judgement of expert administrative agencies or legislative policies and strategies
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demurrer
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request that a court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgement against the defendant
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discovery
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the pretrial process of gathering evidence and facts; may refer to the specific items of evidence that are uncovered
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discretion
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the authority to determine the proper outcome
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motion to dismiss
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a request to a court for a complaint to be rejected because it does not state a claim that can be remedied by law or because it is legally lacking in some other way
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dissenting opinion
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a spearate opinion of a minority of the court or a single justice disagreeing with the result reached by the majority and challenging the majority's reasoning or legal basis
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distinguish from precedent
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to justify an outcome in a case by asserting that differences between that case and preceding cases outweigh any similarities
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doctrine
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a principle or theory of law
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due process
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fair legal proceedings protected under the 5th aqnd 14th amendments
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en banc
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“on the bench” or “in full court”
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equity law
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law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm
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facial challenges
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the challenged law or government policy can never operate in compliance with the constitution;
when constitutional challenges to laws are raised before a law is applied |
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forum shopping
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a plaintiff choosing a court in which to sue because he or she believes the court will rule in the plaintiff’s favor
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grand jury
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a group summoned to hear the state's evidence in criminal cases and decide whether a crime was committed and whether charges should be filled; do not determine guilt; may be convened on county, state and federal level; usually lar4ger than trial juries; between 12 and 23 members
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judicial review
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the power of the US Supreme Court to determine the meaning of the language of the Consitution and to assure that no laws violate consitutional dictates
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jurisdiction
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the geographic or topical area of responsibility and authority of a court
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modify precedent
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to change or revise rather than follow or reject precedent
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moot
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legal case in which the issues presented are no longer "live" or in which the matter in dispute has already been resolved
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True
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T or F
A case is not moot if it is susceptible to repetition but evading review. |
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originalists
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Supreme Court justices who interpret the Constitution according to the perceived intent of its framers
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overbroad law
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violates the principles of precision and specificity in legislation
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overrule
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reverse the ruling of a lower court
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overturn
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to reject the fundamental premise of a precedent
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per curiam opinion
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an unsigned opinion by the court as a whole
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peremptory challenge
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during jury selection, a challenge in which an attorney rejects a juror without showing a reason
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plaintiff
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the party who files a complaint; the one who sues
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precedent
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case judgement that establishes binding authority and guiding principles for cases to follow on closely analogous questions of law within the court’s jurisdiction
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probable cause
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the standard of evidence needed for an arrest or to issue a search warrant; a showing through reasonably thrustworthy information that a crime has been or is being committed; more than mere suspicion
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remand
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an acr of an appellate court to send a case back to the trial court for further action
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rule of law
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the framework of a society in which pre-established norms and procedures provide for consistent, neutral decision making
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stare decisis
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“stand by the previous decision”
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statutory construction
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the review of statutes in which courts determine the meaning and application of statutes; courts tend to engage in sgtrict construction, which narrowly defines laws to their clear letter and intent
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statutory law
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written law formally adopted by representative legislatures (city, county, state and federal)
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strict liability
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type of liability without fault; liability for any and all harms, foreseeable or unforeseen, that result from a product or action
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subpoena
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a command for someone to testify in court
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summary judgement
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the quick resolution of a legal dispute in which a judge summarily decides certain points and issues a judgement dismissing the case
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textualists
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judges who rely exclusively on a careful reading of legal texts to determine the meaning of the law
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tort
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the private or civil wrong for which a court can provide remedy in the form of damages
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vague laws
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laws that either fail to define their terms or use such general language that neither citizens nor judges know with certainty what the laws permit or punish
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venire
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"to come" or "to appear"; the term is used for the location from which a court draws its pool of potential jurors, who must then appear in court for "voir dire"
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change in venire
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a change of the location from which potential jurors are drawn
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venue
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the locality of a lawsuit and of the court hearing the suit
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relocation of a trial
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a change of venue
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voir dire
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"to speak the truth"? refersa to the preliminary eamination of potential jurors to assess their suitability
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writ of certiorari
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"to be informed of"; refers to a petition for review by the supreme Court of the US?
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original jurisdiction
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the authority to consider a case at its inception, as contrasted with appellate jurisdiction
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memorandum order
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an order announcing the vote of the Supreme Court without providing an opinion
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executive orders
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orders from a government executive (president, governor, mayor) that have the force of law
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political questions
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questions that the courts will not review because they are either outside the jurisdiction of the court or they are not capable of judicial resolution
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federalism
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a principle according to which the states are related to yet independent of each other, and related to yet independent of the federal government
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facial meaning
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the surface, apparent or obvious meaning of a legal text
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holding
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the decision or ruling of a court
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