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Dual Sovereignty
Both national & state gov. sovereign; each have authority
Dual Court System
national courts & state courts; legal disputes resolved at state levels
Common Law
judge made law
Stare decisis
Common law doctrine directs judges to prev. decided cases
Precedent
case with similar facts that judges identify to use in new cases; stare decisis are based upon this
Statute
Legislative/Congress made law
Executive Order
President made law
Jury Trial
selected citizen group determines guilt or innocence
Bench Trial
judge precedes over trial & decides guilt
Criminal Law/Trial
body of law dealing with conduct harmful to society; prohibited, prosecuted, & punished
Civil Law/Trial
law dealing with disputes between individuals
Beyond a reasonable doubt
burden of proof; government must convince the prosecuted 100% committed
Preponderance of the evidence
burden of proof; most evidence show caused harm
Original jurisdiction
court where case is first heard
Appellate jurisdiction
court hears case on appeal
Judicial Review
Supreme Court rules on constitutionality
Marbury v Madison
established Judicial Review in 1803
Judicial activism or loose construction
liberal interpretation
Judicial restraint or strict construction
literal interpretation
Writ of certiorari
court order to send them a case
Brief
a complete written history of a case
Majority Opinion
decision of court
Dissenting Opinion
court disagrees
Concurrent Opinion
agree w/ decision but for a different reason
Writ of Habeas Corpus
present the body (to the judge); judge decides if person waits in jail during trial
Bill of Attainer
absolute right to trial
Ex Post Facto
cannot make laws that punish “retroactively” (past cannot be punished if wasn’t illegal during that time)
Chief Justice
John Roberts
How many justices in Supreme Court
9
