Chapter 1: The Court System, Sources of Rights, and Fundamental Principles

Vocabulary flashcards covering fundamental terms and concepts from Chapter 1 on the U.S. court system, sources of rights, judicial precedent, and the incorporation controversy.

Dual Court System

A system in which there is one court system for federal cases and another for state cases, comprising fifty-two separate judicial systems in the United States that are broadly grouped into federal and state.

En Banc

A court proceeding in which all the judges or justices of a court decide cases as one body, rather than sitting in panels or divisions.

Original Jurisdiction

The authority of a court to hear and decide a case directly when it is first brought, rather than on appeal.

Rule of Four

The requirement that at least four Supreme Court justices must agree in order for the Court to grant certiorari and consider a case on its merits.

Dual Sovereignty

The doctrine holding that federal and state governments are each sovereign in their own right, allowing both to prosecute an individual separately for the same act if it violates the laws of both jurisdictions.

Double Jeopardy

A Fifth Amendment protection that prevents an individual from being tried or punished more than once for the same crime by the same sovereign.

Jurisdiction

The legal power and authority of a court to try and decide a case, as determined by the law that created the court.

Venue

The geographic location or place where a trial is conducted, usually determined by where the crime was committed.

Bill of Rights

The first ten amendments to the U.S. Constitution, ratified in 1791, which set forth fundamental individual rights and protections against government power.

Due Process Clause

A constitutional provision in the Fourteenth (and Fifth) Amendment guaranteeing fundamental fairness whenever the government acts against an individual.

Statutory Law

Laws passed by legislative bodies, such as the Congress of the United States or state legislatures.

Case Law

Unwritten or judge-made law created through court decisions and explained in written judicial opinions.

Common Law

Law derived from ancient and unwritten usages and customs of England, as recognized and enforced by court decrees.

Judicial Review

The power of any court to declare unconstitutional and unenforceable any law, official action based on a law, or act by a public official that conflicts with the Constitution.

Rule of Law

The principle that no person is above the law and that every individual, from public officials to private citizens, is subject to and accountable under the law.

Incorporation Controversy

The legal debate regarding whether the Bill of Rights protects against violations of rights by the federal government only or whether it also limits actions by state and local officials through the Fourteenth Amendment.

Selective Incorporation

The approach holding that only those rights in the Bill of Rights deemed fundamental to a scheme of ordered liberty apply to the states via the Fourteenth Amendment's due process clause.

Total Incorporation

The position that the Fourteenth Amendment's due process clause incorporates all provisions of the Bill of Rights and applies them entirely to the states.

Total Incorporation Plus

The approach proposing that all provisions of the Bill of Rights, along with additional unspecified fundamental rights, should apply to the states.

Case-by-Case Incorporation

An approach examining the specific facts of a given case to determine whether an injustice is severe enough to justify extending Bill of Rights protections to that specific case only.

Stare Decisis

A Latin phrase meaning 'to abide by, or adhere to, decided cases,' representing the judicial doctrine where courts follow established principles in future cases with similar facts.

Judicial Precedent

The rule or principle created by a court decision that serves as authoritative guidance for future cases involving similar facts within that court's jurisdiction.

Case Citation

A standardized legal reference indicating where a court's written decision can be located within official or private publications.