Law and the Judicial Function

Vocabulary flashcards covering key terms, legal concepts, criminal justice models, and landmark court decisions from Law and the Judicial Function (CJ 2350).

Rule of Law

A principle where a nation recognizes the supremacy of fundamental values committed to writing and maintains a system of procedures holding the government to those principles.

Crime Control Model

A model of criminal justice that functions like an assembly line with the goal of controlling crime, prioritizing efficiency, speed, finality, informal adjudication, and factual guilt.

Due Process Model

A model of criminal justice that functions like an obstacle course with the goal of protecting rights, prioritizing reliability, formal adjudication, and legal guilt.

Adjudication

The role of courts in processing defendants who have been arrested and charged with crimes by making decisions regarding matters of law, guilt, and punishment.

Oversight

The role of courts in reviewing decisions of lower courts and examining actions of the criminal justice system, including law enforcement and corrections.

Stare Decisis

A common-law principle meaning "let the decision stand," which requires courts to follow precedent in deciding legal issues.

Ratio Decidendi

A legal concept meaning "the reason for the decision," referring to the principle or rule of law upon which a court ruling is founded.

Obiter Dicta

A legal term meaning "things said by the way," referring to additional comments or remarks made by a judge in an opinion that are not essential to the ruling.

Judicial Review

The power of the courts to clarify law and evaluate the constitutionality of actions or statutes, established in Marbury v. Madison (1803).

Writ of Mandamus

A judicial order commanding a government official or entity to perform an official duty.

Gideon v. Wainwright (1963)

A landmark Supreme Court case referenced as an example in the development of legal precedent within the common-law system.

Marbury v. Madison (1803)

The landmark Supreme Court decision that established the principle of judicial review in the United States and involved a writ of mandamus.

Tennessee v. Garner (1985)

A court case illustrating the judicial function of oversight regarding the actions of law enforcement.