civics judicial branch test

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81 Terms

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Plaintiff-

The person who files a lawsuit in a court case, they complain and bring the case to court

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defendant - 

The one who is accused or sued in court, they must respond to the plaintiffs complaint and defend themselves 

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Prosecution-

  The legal party responsible for bring charges against someone accused of the crime, typically the state that the crime was in 

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plaintiff The person who fles a lawsuit in a court case, they complain and bring the case to
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court
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2. Defendant The one who is accused or sued in court, they must respond to the plaintifs
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complaint and defend themselves
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3. Prosecution The legal party responsible for bring charges against someone accused of the
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crime, typically the state that the crime was in
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4. Precedent Legal decision or case that will serve as an example or rule to be followed in future
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cases
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5. Original jurisdiction
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The authority of a court to hear a case for the frst time, courts with original
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jurisdiction handle trials
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6. Appeal When one party requests that a higher court review and change the decision of a
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lower court. Based on the belief there was legal error in a trial
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7. Appellate jurisdiction
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Authority of a court to review and possibly change the decision of a lower court
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8. Judicial review The power of courts to examine laws or government actions to decide whether they
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are constitutional or not
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9. Judicial activism When judges interpret the constitution and laws broadly and may create new
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policies through their rulings
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10. Judicial restraint When judges limit their own power by deferring to the decisions of the legislative
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and executive branches
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11. Civil Law Deals with disputes between individuals or organizations usually over rights, responsibilities or damages.
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12. Tort
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A type of civil wrong such as negligence or harm where one party sues another for
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compensation
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13. Liable Being legally responsible for something, if someone is found liable in a case that
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means they are responsible for causing harm or damages
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14. Liability The legal responsibility a person or organization has for their actions especially
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when those actions cause harm or damage
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15. Intentional
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wrong
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A wrongful act done on purpose with the intent to harm something or someone
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16. Unintentional
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tort
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Wrongful act that causes harm without intent or purpose to cause damage, usually
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from negligence
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17. Strict liability Legal responsibility for harm and damages even if the person was not negligent
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or did not intend to cause harm
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18. Preponderance
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of the evidence
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The standard of proof for most civil cases, it means that evidence shows something
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is more likely true than not
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19. Caps on damages When the maximum amount of money that plaintif can receive from a civil lawsuit
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is limited legally to prevent frivolous awards
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20. Mandatory arbitration
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Parties in a dispute are required to resolve their confict through a private less
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formal process than court
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21. Tort reform Changes in the civil justice system aimed at limiting lawsuits or the amount of
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damages people can receive in civil cases. This does not beneft the average
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person, it does favor big corporations because if they do harm to a customer they
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have less to pay to them.
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22. The U.S supreme
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court
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The highest court in the us, it has final authority on interpreting the constitution
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and federal laws
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23. Majority opinion The official statement written by the majority opinion in a court case, explaining
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their decision, sets the legal precedent
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24. Dissenting opinion
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Opinion written by the judges who disagree with the majority opinion
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25. Concurring decision
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Opinion written by a judge who agrees with the majority opinion but for diferent
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reasons
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26. Writ of certiorari Formal order from the supreme court to send up records of a case from a lower
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court for review
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27. Plenary review When the us supreme court or another appellate court fully reviews a case, all legal
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issues and arguments
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28. Legal brief Written document submitted to a court that explains a party's legal arguments,
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facts, and relevant laws
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29. Petitioner The party who fles a petition to a higher court asking the court to review the
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decisions made on a case
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30. Respondent The party who responds to the petition fled by the other party
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31. Oral arguments The spoken presentation made by attorneys explaining their arguments and answering questions asked by the judges
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32. Sandra Day
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O'Connor
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First woman on the supreme court (1981)
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33. Thurgood Marshall
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First african american supreme court justice (1967)