Judiciary vocab

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Judicial review

The power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Adversary system

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

Criminal law

A law that defines crimes against the public order.

Civil law

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

Justiciable dispute

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

Plaintiff-Entity that initiates a lawsuit by bringing a complaint against a defendant.

Defendant

In a criminal action, the person or party accused of an offense.

Plea bargain

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

Public defender system

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

assistance to people accused of crimes who are unable to hire their own attorneys.

Original jurisdiction

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

Appellate jurisdiction

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

Court of appeals

A court with appellate jurisdiction that hears appeals from the decisions of lower courts.

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.

Writ of habeas corpus

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

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.

Judicial restraint

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

Judicial activism

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

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.

Writ of certiorari

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

Docket

The list of potential cases that reach the Supreme Court.

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 plaintiff.

Opinion of the Court

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

appellate court.

Dissenting opinion

An opinion disagreeing with a majority in a Supreme Court ruling.

Concurring opinion

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

First Amendment Freedoms

Writ of habeas corpus

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

Ex post facto law

Retroactive criminal law that works to the disadvantage of a person.

Bill of attainder

Legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group.

without a trial, on named individuals or members of a specific group.

Due process clause

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

Selective incorporation

The process by which provisions of the bill of rights are brought within the scope of the Fourteenth Amendment and so applied to state and local    governments.

within the scope of the Fourteenth Amendment and so applied to state and local governments.

Establishment clause

Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions.

Vouchers

Money the government provides to parents to pay their children’s tuition in a public or private school of their choice.

Free exercise clause

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Clear and present danger test

First Amendment interpretation that holds that the government cannot interfere with speech unless the speech presents a clear & present danger that it will lead to evil or illegal acts.

Unprotected speech

Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.

Libel

Written defamation of another person. For public officials and public figures, the  the constitutional tests designed to restrict libel actions are especially rigid.

constitutional tests designed to restrict libel actions are especially rigid.

Sedition - Attempting to overthrow the government by force or use violence to interrupt its activities.

Obscenity

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

Fighting words

Words that by their very nature inflict injury on those to whom they are addressed or insight them to acts of violence.

addressed or insight them to acts of violence.

Commercial speech

Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.

Prior restraint

Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.

Civil disobedience

Deliberate refusal to obey law or comply with orders of public officials as a means of expressing opposition.

Naturalization

A legal action conferring citizenship on an alien.

Dual citizenship

Citizenship in more than one nation.

Right of expatriation

The right to renounce one’s citizenship.

Property rights

The rights of an individual to own, use, rent, invest in, buy, and sell property.

Police powers

Inherent powers of state governments to pass laws to protect the public health, safety, and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers.

Eminent domain

Power of a government to take private property for public use; the U.S.

Due process

Established rules and regulations that restrain government officials.

Procedural due process

Constitutional requirement that governments proceed by proper methods; limits how the government may exercise power.

Substantive due process - Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do.

Search warrant

A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.

Racial profiling

Police targeting of racial minorities as potential suspects of criminal activities.

Exclusionary rule

Requirement that evidence unconstitutionally or illegally obtained be be

excluded from a criminal trial.

excluded from a criminal trial.

Immunity

Exemption from prosecution for a particular crime in return for testimony pertaining to the case.

Grand jury

A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

Indictment

A formal written statement from a grand jury charging an individual with an offense.

offense.

Plea bargain

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

Petit jury

A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.

Double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.