WTP Chapter 13

Criminal Law

Branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct

Plaintiff

The individual or organization that brings a complaint in court

Defendant

The one against whom a complaint is brought in a criminal or civi case

Precedent 

Prior case whose principles are used by judges as the basis for their decision in a present case

Trial Court

The first court to hear a criminal or civil case

Court of appeals

Court that hears appeals of trial court decisions

Supreme Court

The highest court in a particular state or in the US

Plea Bargain

Negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of criminal charges or prison sentences 

Jurisdiction

The sphere of a court’s power and authority

Original jurisdiction

The authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court’s decisions 

Due process of law

The right of every individual against arbitrary action by national or state government

Habeas Corpus

A court order that the individual in custody be brought into court and shown the cause for detention

Chief Justice

Justice on the supreme court who presides over the court’s public sessions

Class-action suit

Legal action by which a group of class of individuals with common interests can file a suit on behalf of everyone who shares that interest

Judicial Review

The power of the courts to review actions of the legislative and executive branches and if necessary declare them invalid or unconstitutional 

Supremacy Clause

Article IV of the Constitution which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any states or any subdivision

Standing

The right of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome 

Mootness

A criterion used by courts to screen cases that no longer require resolution

Writ of Certiorari

Court process to seek judicial review of lower court or government agency; the Latin word certiorari means to make more certain 

Rule of Four

Decision of at least four of the nine supreme court justices to review a decision of a lower court

Solicitor General

Top government lawyer in all cases before the Supreme Court where the government is a party

Amicus Curiae

Literally “friend of the court”; individuals or groups who are parties to a lawsuit but who seek to assist the Supreme Court in reaching a decisions by presenting additional briefs 

Oral Argument

Stage in the Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices 

Opinion 

The written explanation of the Supreme Court’s decision in a particular case

Concurring Opinion

Written opinion by a judge agreeing with the majority opinion but giving different reasons for the decision

Dissenting opinion

Decision written by a justice in the minority in a particular case, in which the justices wishes to express the reasoning for dissenting in the case

Stare decisis

Deciding cases on the rules and principles set forth in previous court ruling; the Latin phrase means to “let the decision stand”  

Originalism 

A theory of constitutional interpretation that treats the meaning of the Constitution at the time of it’s ratification as authoritative for purposes of later interpretation 

Living Constitutionalism

Theory of constitutional interpretation that emphasizes that the meaning of the Constitution over time as societal norms shift 

Judicial restraint

View that the exercise of judicial review should be limited and that deference be given to established precedent and the elected branches 

Judicial activism 

An approach to judicial review that emphasizes a greater willingness to invalidate the actions of elected branches