Unit 4 vocab

Civil trial court

Civil trial court

A court that resolves disputes between private parties or organizations.

Plaintiff

The person or party who brings a lawsuit against another in a court of law.

Prosecutor

The legal representative responsible for presenting the case against an individual in a criminal trial.

Defendant

The individual or party accused in a court of law.

Plea bargain

An agreement in a criminal case where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

Grand jury

A group of citizens convened to determine whether there is enough evidence to charge someone with a crime.

Indictment

A formal charge or accusation of a serious crime.

Procedural due process

The legal requirement that the state must respect all legal rights owed to a person.

Majority opinion

A judicial opinion agreed to by more than half of the members of a court.

Dissenting opinion

A legal opinion written by one or more judges expressing disagreement with the majority opinion.

Concurring opinion

A written opinion by a judge or justice who agrees with the outcome of the majority opinion but not its reasoning.

Precedent

A legal case that establishes a principle or rule that can be followed in future cases.

Stare decisis

The legal principle of determining points in litigation according to precedent.

Statute

A written law passed by a legislative body.

General jurisdiction

The authority of a court to hear a wide range of cases.

Limited jurisdiction

The authority of a court to hear only specific types of cases.

Writ of certiorari

An order by a higher court directing a lower court to send records for review.

Rule of four

A Supreme Court practice that permits four of the nine justices to grant a writ of certiorari.

Amicus curiae

A person or organization not a party to a legal case who assists a court by offering information.

Appellate litigation

Legal proceedings involving the review of a lower court's decision.

Judicial restraint

A theory of judicial interpretation that encourages judges to limit the exercise of their own power.

Judicial activism

Judicial philosophy that posits judges can and should creatively reinterpret laws and constitutional provisions.

Originalism

A method of constitutional interpretation that focuses on the original meaning of the text.”},{

seditious speech

promotes violently overthrowing a government

establishment clause

prohibits government from establishing a religion

free exercise clause

free religion so long as it doesn’t affect public morals

substantive due process

whether the government can justifiably remove someone’s life/ liberty/property

rational basis review

determines the constitutionality of a statute

strict scrutiny

a judicial review that determines the constitutionality of a government action that has to do with fundamental rights

incorporation doctrine

part of the bill of rights apply to the states thru due process clause (14th amendment)

selective incorporation