Judicial Branch Vocabulary

Judicial Review

Judicial Review

The power of the Supreme Court to declare laws unconstitutional/null and void (Marbury v Madison)

Original Jurisdiction

The court that hears a case for the first time

Appellate Jurisdiction

Hears appeals from other courts decisions

Criminal Law

Charges in the name of society, written as “The People” v Defendant

Civil Law

Deals with rights of private citizens, written as The Plaintiff v Defendant

Class Action Lawsuit

A lawsuit brought by one or more persons on behalf of a larger group

Plaintiff

The person or business who files a complaint with the court

Defendant

The person or business the lawsuit is filed against

Docket

A list of the complete history of each case summarizing the court proceedings

Arraignment

The accused goes before a judge, pleads guilty or innocent, and is provided counsel if asked

Writ of certiorari (cert)

Orders a lower court to deliver its records so a higher court can review it

Writ of habeas corpus

A judicial order forcing law enforcement to produce a prisoner they are holding and justify their continued confinement

Adversarial System

A prosecuting side and defendant side argue before an unbiased party to resolve a dispute

Judicial Restraint

Justices make decision based on the original intention of the writers of the constitution

Judicial Activism

Justices apply the meaning of the constitution to their decisions

Precedent

An example for the future based off past decisions to give the court consistency

Stare Decisis

The decision of the court (precedent)

Amicus curiae brief

Advice formally offered to the court in a brief filed by an entity interested in but not a party to the case

Opinion of the court (majority opinion)

A judges explanation of the court’s opinion

Concurring Opinion

Agrees with the decision of the majority but with further comment or a different reason for the opinion

Dissenting Opinion

Disagrees with the majority opinion because of the reasoning or principles of law used in the decision

Civil Liberties

Individual rights protected by law from unjust government or other interference

Due Process

The constitutional guarantee a criminal defendant will receive a fair and impartial trial or the legal rights of someone who confronts an adverse action threatening liberty or property

Probable Cause

Reasonable grounds for making a search, pressing a charge

Search Warrant

Court authorization for law enforcement officers to conduct a search

Supremacy Clause

Federal laws have supremacy over state and local laws

Freedoms protected by the First Amendment

Speech, press, assembly, religion, and petition

Establishment Clause

Prohibits government from making any law respecting an establishment of religion (1st Amendment)

Free Exercise Clause

Protects citizens rights to practice their religion as long as it is moral and doesn’t interfere with the government (1st Amendment)

Selective Incorporation

Gives the Supreme Court the power to decide which constitutional liberties are protected from state legislature (14th Amendment)

Clear and Present Danger Test

Speech must impose a threat that evil might follow, and that the threat is a real threat (Schenck vs US)

Bad tendency test

Permits restriction of freedom of speech if it is believed that a form of speech has a sole tendency to incite or cause illegal activity

Libel

A published false statement that is damaging to a person’s reputation

Slander

The action of making a false spoken statement damaging a person’s reputation

Fighting Words

Words that can inherently incite violence

Symbolic Speech

Nonverbal, non-written forms of communication protected by the first amendment (Tinker v Des Moines)

Prior Restraint

Judicial suppression of material that would be shown on the grounds that it is libelous or harmful

Sedition

Conduct or speech inciting people to rebel against government authority

Civil Disobedience

The active, professed refusal of a citizen to obey certain laws of a government

Ex post facto law

A law that changes the legal consequences of actions that were committed after they were committed

Self Incrimination

The act of providing information that will suggest oneself’s involvement in a crime (5th Amendment)

Double Jeopardy

Prohibits one from being prosecuted twice for the same crime (5th Amendment)

Grand Jury

A body of 16-23 citizens who listen to evidence of criminal allegations and determines whether there is probably cause the offense was committed

Petit Jury

A group of citizens who hear both sides of a trial and determine facts in dispute (12-criminal, 6-civil)

Indictment

The formal charge issued by a grand jury stating that there is enough evidence the defendant committed the crime to justify having a trial

Acquittal

A jury verdict that a criminal defendant is not guilty, or that there is insufficient evidence for a conviction