Gov Judiciary Terms

Brief

detailed written statements filed with the Court before oral arguments are presented

Writ of certiorari

an order by a higher court directing a lower court to send up the record in a given case for review

Precedent

court decision that stands as an example to be followed in future, similar cases

Jurisdiction

the authority of a court to hear a case

Life tenure

States that a U.S. Supreme Court justice can serve until retirement, death or impeachment

Criminal case

a case in which a defendant is tried for committing a crime as defined as defined by the law

Civil case

a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement

Prosecutor

Acts on behalf of the state in pressing charges against the accused in a criminal case

Plaintiff

in a civil case, the party who brings a suit or some other legal action against another (the defendant) in court

Defendant

in a civil case, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime

Indict

When a person is given a formal notice that they have committed a crime

Litigant

person who is involved in a civil legal case, either because they are making a formal complaint about someone, or because a complaint is being made about them

Docket

a court's list of cases to be heard

Majority opinion

officially called the Opinion of the Court; announces the Court's decision in a case and sets out the reasoning upon which it is based

Concurring opinion

written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision

Dissenting opinion

written explanation of the views of one or more judges who disagree with a decision reached by a majority of the court

Litigation

the process of resolving disputes by filing or answering a complaint through the public court system.

Due Process

following established legal procedures

civil rights

the rights of full citizenship and equality under the law

civil liberties

fundamental rights and freedoms protected from infringement by the government

original jurisdiction

the authority to hear cases for the first time

appellate jurisdiction

The authority of a court to review decisions made by lower courts

double jeopardy

Being tried twice for the same crime

eminent domain

the right of government to take private property for public use

freedom of expression

a fundamental right affirmed in the First Amendment to speak, publish, and protest

free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

establishment clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."

equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

4th Amendment

Protection against Unreasonable Search and Seizure

5th amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment

Citizens entitled to rights not listed in the Constitution