POLS SCI: Exam 4 Vocabulary Words To Know

Criminal Law

regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts. (More severe)

Civil Law

branch of the law that deals with disputes that do not involve criminal penalties.(Less severe)

Precedent

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

Plea Bargin

Negotiated agreements between parties involved.

Jurisdiction

sphere of power and authority of the federal courts

Original Jurisdiction

is the authority to hear a case for the first time.

Appellate Jurisdiction

ensures proper legal standard have been applied to review cases decided by lower courts.

Denial of Due Process of the Law

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

Requesting a Writ of Habeas Corpus

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

Judicial Review

Power to examine actions taken by legislative and executive branches, and if necessary declare them invalid or unconstitutional

Writ of Certiorari

court process to seek individual review of a lower court of government agency.

“certiorari bool”

law clerks who work together to evaluate petitions field

mootness

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

Rule of Four

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

Solicitor General

top government lawyer in all cases before the U.S. Supreme court in which the government is a party.

Law clerk

research legal issues and assist with preparing opinions.

“Pattern of case”

want inconsistent rulings in different circuits.

Briefs

Written documents in which attorneys explain, using case precedents, why the court should find in favor of their client.

Oral arguments

attorneys for both sides appear before the court to present their positions and answer justices questions.

opinion

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

concurring opinion

written opinion by a justice agreeing with the majority opinion, but giving different reasons for the decision.

Dissenting opinion

decision written by a justice in the minority of a case in which the justice wishes to express the reasoning for dissenting.

Shadow pocket

court uses emergency order to hand down short opinions on case.

Judicial Restraint

adherents refuse to go beyond the clear words of the Constitution in interpreting the document’s meaning.

Judicial Activism

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