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Adversary system
A judicial system in which the court of law is a neutral arena where two parties argue their differences
Amicus curiae brief
Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case
Appellate jurisdiction
The authority of a court to review decisions made by lower courts
Civil law
A law that governs relationships between individuals and defines their legal rights
Concurring opinion
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
Court of appeals
A court with appellate jurisdiction that hears appeals from the decisions of lower courts
Criminal law
A law that defines crimes against the public order
Defendant
In a criminal action, the person or party accused of an offense
Dissenting opinion
An opinion disagreeing with a majority in a Supreme Court ruling
District courts
Courts in which criminal and civil cases are originally tried in the federal judicial system
Docket
The list of potential cases that reach the Supreme Court
In forma pauperis
A petition that allows a party to file as a pauper and avoid paying court fees
Judicial activism
Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
Judicial restraint
Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
Judicial review
The power of a court to refuse to enforce a law or government regulation that conflicts with the Constitution
Justiciable dispute
A dispute growing out of an actual case or controversy capable of settlement by legal methods
Opinion of the Court
An explanation of the decision of the Supreme Court or any other appellate court
Original jurisdiction
The authority of a court to hear a case in the first instance
Plaintiff
The party instigating a civil lawsuit
Plea bargain
Agreement between a prosecutor and a defendant to plead guilty to a lesser offense to avoid trial for a more serious offense
Precedent
A decision made by a higher court that is binding on lower courts
Prosecutor
Government lawyer who tries criminal cases
Public defender system
Arrangement where public officials provide legal assistance to those unable to hire attorneys
Senatorial courtesy
Presidential custom of submitting judicial nominees for approval to senators from the nominee’s state
Solicitor general
The official who represents the United States before the Supreme Court
Stare decisis
The rule of precedent where past decisions guide future rulings
Supreme Court
The highest court in the United States that hears appeals from lower courts
U.S. attorney general
The chief law enforcement officer and head of the Department of Justice
Writ of certiorari
A formal writ used to bring a case before the Supreme Court
Writ of habeas corpus
A court order requiring explanation of why a prisoner is being held