Government By The People - Chapter 13 Vocabulary

Adversary System

A judicial system which the court of law is a neutral arena where two parties argue their differences

Amicus Curiae Brief

Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case

Appellate Jurisdiction

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

Civil Law

A law that governs relationships between individuals and defines their legal rights

Concurring Opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning

Court of Appeals

A court with appellate jurisdiction that hears cases from lower courts and reviews their decisions.

Criminal Law

A law that defines crimes against the public order

Defendant

In a criminal action, the person or party accused of committing a crime.

Dissenting Opinion

An opinion disagreeing with a majority in a Supreme Court ruling

District Courts

Courts in which criminal and civil cases are originally tried in the federal judicial system

Docket

The list of potential cases that reach the supreme court

In Forma Pauperis

A petition that allows a party to file ‘as a pauper’ and avoid paying Court fees; Gideon v. Wainwright

Judicial Activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values

Judicial Restraint

Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say

Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution, established in Marbury v. Madison.

Justiciable Dispute

A dispute growing out of an actual case or controversy and that is capable of settlement by legal methods

Opinion of the Court

An explanation of the decision of the Supreme Court or any other appellate court

Original Jurisdiction

The authority of a court to hear a case “in the first instance”

Plaintiff

The party instigating a civil lawsuit

Plea Bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lessor offense to avoid having to stand trial for a more serious offense

Precedent

A decision made by a higher court such as a circuit court of appeals or the Supreme Court that is binding on all other federal courts

Prosecutor

Government lawyer who tried criminal cases, often referred to as a district attorney or a U.S. Attorney

Public Defender System

Arrangemnt whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys

Senatorial Courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work

Solicitor General

The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme CourtS

Stare Decisis

The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented

Supreme Court

The court of last resort in the United States; It can hear appeals from federal circuit court or state high courts

U.S Attorney General

The chief law enforcement officer in the United States and head of the Department of Justice

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court

Writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody