Institutions of the National Government - Judiciary

Bills of Attainder

Laws that find people guilty of a crime and do not provide a trial

Ex Post Facto Laws

Punish people for actions that occurred before action was criminal

Supreme Court

Highest level of judiciary, hears appeals of cases dealing with Constitutional questions

Equal Justice Under the Law

All members who appear in court must be treated as equals.

Substantive Due Process of Law

Whether laws are fair, fairness determined by the Constitution, Bill of Rights & the 14th Amendment

Adversarial System

To work out questions of fact, must have two sides, debate the burden of guilt or liability

Procedural Due Process of Law

Applies to whether laws are fairly applied

Presumption of Innocence

Innocent until proven guilty, burden of proof is on the prosecutor and not the accused

Civil Law

Two individuals or groups cannot come to an agreement

Criminal Law

An individual is accused of breaking the law

Grand Jury

Group of 24-48 jurors who only decide whether a trial should commence

Plea Bargaining

Person has the option of discussing with the prosecution to agree to a less serious crime and sentence

Reasonable Doubt

Burden of proof on the prosecution to prove guilt

Settlement

Parties negotiate on the issue to see how much each side is willing to give up

Civil Court

Determines results of disputes such as contracts, property, issues of liability, etc.

Preponderance of Evidence

In civil law, burden of proof is lighter, need not prove beyond a reasonable doubt

Original Jurisdiction

First to hear a case

Appellate Jurisdiction

Court can decide on only issues of law and never the facts of the case.

Federal District Courts

94 Courts, Decide both criminal and civil cases and have original jurisdiction

Circuit Court of Appeals

13 Courts, Hear cases on appeal from the Federal District Courts, or State Supreme Courts

Senatorial Courtesy

Senators from a state where they need an appointee will submit to the President a list of acceptable nominees

Judicial Restraint

Justices that are reluctant to overturn legislative action

Judicial Activism

Justice who has no qualms overturning legislative action

Writ of Certiorari

Legal document used to request the lower courts transcripts of a case, Four Supreme Court justices must agree to this

Standing

Petitioner of the court that has a vested interest in the outcome of a case

Marbury vs. Madison

Established the Power of the Federal Court System with the idea of "Judicial Review"

Briefs

Summary of a lawyers arguments and legal foundations for their views

Amicus Curiae Briefs

Friend of the court, briefs submitted on one side of an issue to sway the court

Oral Arguments

Supreme Court gives each side 30 minutes to discuss case in front of the court

Unanimous Opinion

All of the justices agree (Example: Brown vs. Board)

Majority Opinion

Decision that gets most of the vote

Concurring Opinion

Justices vote with the majority but take issue with the legal reasoning of the decision

Dissenting Opinion

Minority opinion on a decision

Docket

A calendar or list of cases for trial or people having cases pending.

Precedent

A custom in which a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.

Strict Construction

Justices are bound by the wording in the Constitution

Original Intent

Decisions based on the intent of our founding fathers

Loose Construction

Considering the Underlying principles of the Constitution

Rule of Four

Amount of justices that need to agree to hear a case before the Supreme Court

Selective Incorporation

SCOTUS rules that the States must follow the amendments to the Constitution

Stay

A court order that temporarily halts the enforcement of a judgment or order.

Federalist 78

Hamilton that argues for the judiciary's independence, judicial review and the role of federal courts in protecting against legislative overreach.

Marbury v. Madison

The landmark 1803 Supreme Court case that established the principle of judicial review, allowing the Court to invalidate laws that conflict with the Constitution.