Sources, Structure, and Processes of the Legal System

Vocabulary flashcards covering the sources, categories, and functions of law, federal and state judicial structures, judicial selection methods, and criminal trial procedures.

Law

A social norm the infraction of which is sanctioned in threat or in fact by the application of physical force by a party possessing the socially recognized privilege of so acting.

Force (Element of Law)

The physical threat or application of power used to enforce a social norm.

Authority (Element of Law)

The socially recognized privilege or right to enforce legal norms.

Regularity (Element of Law)

Uniformity and predictability in enforcement, ensuring equal protection is not denied.

Constitutional Law

The supreme law of the land that establishes government structure and limits power, for which judges have the final interpretive say.

Statutory Law

Law enacted by legislative bodies; Congress can override a judicial interpretation of a federal statute by passing new legislation.

Administrative Law

Rules, orders, and decisions established by administrative agencies (often called the 'fourth branch of government'), which possess both quasi-legislative and quasi-judicial powers.

Common Law System

A legal system that relies primarily on judge-made precedent (stare decisis) established over time.

Civil Law System

A legal system grounded in statutory, codified written rules created by legislatures.

Public Law

Law that governs relationships between individuals and the state, encompassing constitutional, criminal, and administrative law.

Private Law

Law that governs relationships between private individuals or entities, such as contracts and family law.

Substantive Law

The category of law that defines legal rights and duties.

Procedural Law

The category of law that specifies the mechanisms, steps, and procedures used to enforce substantive rights and duties.

Marbury v. Madison (1803)

The landmark Supreme Court case in which Chief Justice John Marshall established the power of constitutional judicial review under Article III.

Diffused Review

The American judicial review model wherein any regular court can consider constitutional questions on appeal.

Centralized Review

The European judicial review model where a single, specialized Constitutional Court or Council distinct from standard courts considers constitutional questions.

Concrete Review

A style of judicial review that arises strictly out of active, specific legal cases or controversies.

Abstract Review

An advisory style of judicial review capable of reviewing legislation prior to or outside of specific lawsuits.

U.S. Courts of Appeals

The 13 regional circuit courts that possess mandatory appellate jurisdiction over federal district court rulings.

U.S. District Courts

The 94 federal trial courts holding original jurisdiction over federal civil and criminal cases.

Federal Question Jurisdiction

Federal jurisdiction over cases involving the U.S. Constitution, federal statutes, treaties, or federal administrative agencies.

Diversity of Citizenship

A basis for federal jurisdiction over civil disputes between citizens or businesses of different states where the amount in controversy exceeds $\$75,000$.

Courts of Limited Jurisdiction

State trial courts (e.g., Municipal, Traffic, Small Claims) that handle high caseloads, minor offenses, initial arraignments, and statutory civil claims.

Courts of General Jurisdiction

Primary state trial courts (such as Common Pleas Courts) handling major civil disputes and felony criminal cases.

Problem-Solving Courts

Specialized tribunals (e.g., Drug, Mental Health, Veterans Courts) focused on non-adversarial rehabilitation, mandatory treatment, and ongoing judicial supervision rather than solely punitive detention.

Senatorial Courtesy

An informal tradition where senators belonging to the president's party exercise significant influence or veto power over federal district court appointments within their state.

The Nuclear Option

Procedural rule shifts that eliminated the Senate filibuster for lower federal court nominations in 2013 and for Supreme Court nominations in 2017.

Merit Selection (Missouri Plan)

A state judicial selection method where an independent commission screens candidates for quality/competence before appointment, followed by periodic non-competitive retention elections.

Actus Reus

The actual physical act required as an element of a criminal offense.

Mens Rea

The guilty mental state or criminal intent required as an element of a criminal offense.

Prosecutorial Discretion

The authority of prosecutors to determine whether to file charges, what charges to bring, whether to offer plea bargains, and what sentence to recommend.

Gideon v. Wainwright (1963)

The landmark Supreme Court ruling that guaranteed the Sixth Amendment right to appointed counsel for indigent defendants facing serious charges.

Charge Bargain

A plea negotiation in which the defendant agrees to plead guilty in exchange for reducing or dropping charges to a less serious offense.

Sentence Bargain

A plea negotiation in which the prosecutor agrees to recommend a lighter sentence in exchange for the defendant's guilty plea.

Implicit Bargain

A plea scenario driven by the defendant's understanding that taking a case to trial carries the risk of a substantially harsher penalty upon conviction.

Voir Dire

The preliminary examination and questioning of potential jurors by the court and counsel to select an impartial jury panel.

Challenge for Cause

An objection to a prospective juror based on demonstrable bias, prejudice, or inability to be impartial, available in unlimited numbers.

Peremptory Challenge

The right to exclude a potential juror without stating a reason; limited in number and constitutionally barred from being based on race or gender under Batson v. Kentucky.

Scientific Jury Selection (SJS)

The application of demographic surveys, behavioral profiling, and data analytics to identify and select jurors most likely to favor a specific side.