Unit 4 vocab

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Civil trial court

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Government

31 Terms

1

Civil trial court

A court that resolves disputes between private parties or organizations.

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2

Plaintiff

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

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3

Prosecutor

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

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4

Defendant

The individual or party accused in a court of law.

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5

Plea bargain

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

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6

Grand jury

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

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7

Indictment

A formal charge or accusation of a serious crime.

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8

Procedural due process

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

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9

Majority opinion

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

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10

Dissenting opinion

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

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11

Concurring opinion

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

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12

Precedent

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

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13

Stare decisis

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

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14

Statute

A written law passed by a legislative body.

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15

General jurisdiction

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

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16

Limited jurisdiction

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

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17

Writ of certiorari

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

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18

Rule of four

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

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19

Amicus curiae

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

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20

Appellate litigation

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

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21

Judicial restraint

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

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22

Judicial activism

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

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23

Originalism

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

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24

seditious speech

promotes violently overthrowing a government

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25

establishment clause

prohibits government from establishing a religion

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26

free exercise clause

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

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27

substantive due process

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

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28

rational basis review

determines the constitutionality of a statute

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29

strict scrutiny

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

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30

incorporation doctrine

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

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31

selective incorporation

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