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