-
Judicial Review
The power of a court to refuse to enforce a law or govt. regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
-
Adversary System
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
-
Criminal Law
A law that defines crimes against the public order.
-
Civil Law
A law that governs relationships between individuals and defines their legal rights.
-
Defendant
Ina criminal action, the person or party accused of an offense.
-
Plea Bargain
An agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
-
Justiciable Dispute
A dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
-
Plaintiff
The party instigating a civil lawsuit.
-
Solicitor General
The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court.
-
Public Defender System
An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
-
Original Jurisdiction
The authority of a court to hear a case "in the first instance."
-
Appellate Jurisdiction
The authority of a court to review decisions made by lower courts.
-
Court of Appeals
A court with appellate jurisdiction that heats appeals from the decisions of lower courts.
-
Precedent
A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts.
-
Senatorial Courtesy
The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
-
Judicial Activism
A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution.
-
Judicial Restraint
A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution.
-
Writ of Certiorari
A formal writ used to bring a case before the Supreme Court.
-
In Forma Pauperis
A petition that allows a party to file "as a pauper" and avoid paying court fees.
-
Docket
The list of potential cases that reach the Supreme Court.
-
Amicus Curiae Brief
Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.
-
Opinion of the Court
An explanation of a decision of the Supreme Court or any other appellate court.
-
Dissenting Opinion
An opinion disagreeing with the majority in a Supreme Court ruling.
-
Concurring Opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
-
Stare Decisis
The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
|
|
