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30 Cards in this Set

  • Front
  • Back
COURTS
institutions that sit as neutral third parties to resolve conflicts according to the law.
COMMON LAW TRADITION
a legal system based on the accumulated rulings of judges over time, applied uniformly - judge-made law.
PRECEDENT
a previous decision or ruling that, in common law tradition, is binding on subsequent decisions.
CIVIL LAW TRADITION
a legal system based on a detailed, comprehensive legal code, usually created by the legislature.
SUBSTANTIVE LAW
law whose content, or substance, defines what we can or cannot do.
PROCEDURAL LAW
law that establishes how laws are applied and enforced - how legal proceeding take place.
PROCEDURAL DUE PROCESS
procedural laws that protect the rights of individuals who must deal with the legal system.
CRIMINAL LAW
law prohibiting behavior the government has determined is harmful to society; a violation of a criminal law is called a crime.
CIVIL LAW
law regulating interactions between individuals; a violation of a civil law is called a tort.
CONSTITUTIONAL LAW
law stated in the Constitution and the body of judicial decisions about the meaning of the the Constitution handed down in the courts.
STATUTORY LAW
law passed by a state or the federal legislature.
ADMINISTRATIVE LAW
law established by the bureaucracy, on behalf of Congress.
EXECUTIVE ORDER
a clarification of congressional policy issued by the president and having the full force of law.
JUDICIAL REVIEW
the power of the courts to determine the constitutionality of laws.
JURISDICTION
a court's authority to hear certain cases.
ORIGINAL JURISDICTION
the authority of a court to hear a case first.
APPELLATE JURISDICTION
the authority of a court to review decisions made by lower courts.
APPEAL
a rehearing of a case because the losing party in the original trial argues that a point of law was not applied properly
SENATORIAL COURTESY
the tradition of granting senior senators of the president's party considerable power over federal judicial appointments in their home states.
STRICT CONSTRUCTIONISM
a judicial approach holding that the Constitution should be read literally with the framers' intentions uppermost in mind.
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.
WRIT OF CERTIORARI
formal request by the U.S. Supreme Court to call up the lower court case it decides to hear on appeal.
RULE OF FOUR
requirement that four Supreme Court justices must agree to grant a case certiorari in order for the case to be heard.
SOLICITOR GENERAL
the Justice Department officer who argues the government's cases before the Supreme Court.
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.
JUDICAL ACTIVISM
view that the courts should be lawmaking, policymaking bodies.
JUCIDICAL RESTRAINT
vies that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past.
OPINION
written decision of the court that states the judgment of the majority.
CONCURRING OPINIONS
documents written by justices expressing agreement with the majority ruling but describing different or additional reasons for the ruling.
DISSENTING OPINIONS
docuements written by justices expressing disagreement with the majority ruling.