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29 Cards in this Set
- Front
- Back
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acquittal |
a judgement that a person isn't guilty of the crime with which they've been charged |
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Amicus Curiae |
a Latin term meaning, "a friend of the court." refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arguments in support of one side. |
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appellate jurisdiction |
the jurisdiction of courts that hear cases brought to them on appeal from lower courts. these courts don't review the factual record, only the legal issues involved. |
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blue slip |
piece of paper on which the senator is asked to record his or her views in the nominee for the judge |
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brief |
a legal document prepare by an attorney representing a party before a court. the document sets forth the facts of the case, summarizes the law, gives the arguments for its side, and discusses other relevant cases. |
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civil action |
a lawsuit between private parties, including an action by a private person against a government entity, which will be treated as a private party by the court. |
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class-action suit |
a case brought into court by a person on behalf of not only them self but also all other persons in the country under similar circumstances. for example, in Brown v. Board of Education of Topeka, Kansas, the Supreme Court decided that not only Linda Brown but all other similarly situated had the right to attend a local public school of their choice without regard to race. |
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concurrent jurisdiction |
allows certain types of cases to be tried in either federal or state courts. |
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concurrent opinion |
a Supreme Court opinion by one or more justices who agree with the majority's conclusion but for different reasons. |
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dissenting opinion |
a Supreme Court opinion by one or more justices in the minority to explain the minority's disagreement with the court's ruling. |
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dual sovereignty |
a doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law. |
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exclusive jurisdiction |
exists where one court has the power to take jurisdiction of a case to the exclusion of all other courts. |
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grand jury |
a jury of 12-23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. if the jury believed it was committed, it issued an indictment. |
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In Forma Pauperis |
a procedure whereby a poor person can file and be heard in court as a pauper, free of charge. |
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injunction |
a court order prohibiting a person from performing a particular act. |
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judicial activism |
the philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues. |
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judicial review |
the power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void. |
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litigation |
when people go to court in order to get a positive ruling for their cause. if there is a law that hurts a certain group of people, they can go to court and say that it is unlawful, and that it impinges on their rights. civil rights groups like the NAACP use litigation to force lawmakers to bring forth fair regulations as guaranteed in the constitution. |
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litmus test |
a test of ideological purity, a way of finding out whether a person is a dyed-in-the-wool liberal or conservative or what their views are on a controversial question. |
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Marbury v. Madison |
judicial review, Marbury wants commission, judiciary act unconstitutional, Supreme Court can't force commission. |
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opinion of the court |
a Supreme Court opinion written by one or more justices in the majority to explain the decision of the court in a case. |
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plaintiff |
the party that initiates a lawsuit to obtain a remedy for an injury to their rights |
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remedy |
a judicial order preventing or redressing a wrong or enforcing a right. |
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senatorial courtesy |
an unwritten tradition whereby nominations for state-level federal judicial posts aren't confirmed if they are opposed by a senator from the state in which the nominee will serve. the tradition also applies to courts of appeal when there is opposition from the nominee's state senator. |
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standing |
a legal concept establishing who is entitled to bring a lawsuit to court. for example, an individual must ordinarily show personal harm in order to acquire standing and be heard in court. |
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Stare Decisis |
Latin term meaning, "let the decision stand." the practice of basing judicial decisions on precedents established in similar cases decided in the past. |
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strict constructionist |
the view that judges should decide cases on the basis of language of the Constitution. |
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subpoena |
writ issued by court authority to compel the attendance of a witness at a judicial proceeding |
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Writ of Certiorari |
Latin term meaning, "made more certain." an order issued by a higher court to a lower court to send up the record of a case for review. most cases reach the Supreme Court through writ of certiorari, issued when at least 4 of the 9 justices feel that the case should be reviewed. |
