Judicial Branch

Judicial activism

When judges interpret the Constitution to reflect current conditions and values, often overturning precedents.

Closed meeting

The conference where only Supreme Court justices meet to discuss and vote on cases.

Majority opinion

The official ruling of the Court.

Concurring opinion

Agrees with the majority but for different reasons.

Dissenting opinion

Disagrees with the majority.

Written documents

Briefs.

Writ of certiorari

An order by the Supreme Court to a lower court to send up the records for a case it will hear.

Rule of Four

At least four justices must agree to hear a case.

Judicial restraint

Judges limit their own power, deferring to the legislative and executive branches unless clearly unconstitutional.

30-minute presentations

Oral arguments.

How judges get on a bench

They are nominated by the President and confirmed by the Senate.

Original jurisdiction

The authority of a court to hear a case first.

Appellate jurisdiction

The authority to review and revise a lower court's decision.

Prosecuting attorney represents

The government or the state.

Writ of stare decisis

Latin for 'let the decision stand'; courts follow precedents set by previous cases.

Appellate court job

To review decisions of lower courts for errors of law.

Burden of proof

The obligation to prove one's assertion; in criminal cases, it's on the prosecution.

Amicus curiae brief

"Friend of the court" brief filed by someone not directly involved in the case but with an interest in the outcome.

Person who files a lawsuit

Plaintiff.

Pardon, reprieve, amnesty

Pardon - Official forgiveness for a crime. Reprieve - Temporary delay of punishment. Amnesty - Pardon extended to a group of people.

Civil vs. criminal case

Civil - Disputes between people or organizations (e.g., lawsuits). Criminal - Involves breaking laws and government prosecution.

Court of Last Resort

The U.S. Supreme Court.

Crime

An act that breaks a law and is punishable by the government.

Presenting evidence to judge

To obtain a warrant.

Grand jury decides

Whether there is enough evidence to indict and charge someone.

Admissible evidence

If it is relevant, reliable, and legally obtained.

Exclusionary rule

Illegally obtained evidence cannot be used in court.

No search warrant needed

In cases of consent, plain view, exigent circumstances, etc.

Less serious criminal offense

Misdemeanor.

Miranda rights

Rights read to a suspect upon arrest (right to remain silent, attorney, etc.) to protect against self-incrimination.

Goals of sentencing

Punishment, deterrence, rehabilitation, and public protection.

Punishable by death

Capital crimes or capital offenses.

Substantive vs. procedural due process

Substantive - Laws must be fair. Procedural - Legal processes must be followed fairly. 5th and 14th Amendments guarantee due process.

Direct vs. circumstantial evidence

Direct - Directly proves a fact (e.g., eyewitness). Circumstantial - Suggests a fact by implication or inference.

4 steps of booking

1. Recording personal information. 2. Taking fingerprints and photos. 3. Searching and confiscating property. 4. Placing the suspect in a holding cell.

Steps of the Pretrial Process

Arrest, Booking, Initial appearance, Preliminary hearing or grand jury, Indictment or information, Arraignment.

4 due process rights

1. Right to a fair and speedy trial. 2. Right to an attorney. 3. Right to remain silent. 4. Right to confront witnesses.

3 types of jury decisions

Guilty, Not guilty, Hung jury (cannot reach a unanimous decision).