Politics Chapter 13

Criminal Law

The branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct.

Plaintiff

The individual or organization that brings a complaint in court.

Defendant

The one against whom a complaint is brought in a criminal or civil case.

Civil Law

The branch of law that deals with disputes that do not involve criminal penalties.

Precedent

A prior case whose principles are used by judges as the basis for their decision in a present case.

Trial Court

The first court to hear a criminal or civil case.

Court of Appeals

A court that hears appeals of trial court decisions

Supreme Court

The highest court in a particular state or in the United States; this court primarily serves an appellate function.

Plea Bargain

A negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing.

Jurisdiction

The sphere of a court’s power and authority

Original Jurisdiction

The authority to initially consider a case; distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court’s decision.

Due Process of Law

The right of every individual against arbitrary action by national or state governments.

Writ of Habeas Corpus

A court order that the individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.

Chief Justice

Justice on the Supreme Court who presides over the Court’s public sessions and whose official title is “chief justice of the United States”.

Judicial Review

The power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803).

Supremacy Clause

Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.

Standing

The right of an individual or organization to initiate a court case, on the basis of having a substantial stake in the outcome.

Mootness

A criterion used by courts to screen cases that no longer require resolution.

Writ of Certorari

A decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning “to make more certain”.

Solicitor General

The top government lawyer in all cases before the Supreme Court where the government is a party.

Amicus Curiae

Literally, “friend of the court”; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs.

Briefs

Written documents in which attorneys explain, using case precedents, why the court should find in favor of their client.

Oral Argument

The stage in the Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices.

Opinion

The written explanation of the Supreme Court’s decision in a particular case.

Concurring Opinion

A written opinion by a judge agreeing with the majority opinion but giving different reasons for his or her decision.

Dissenting Opinion

A decision written by a justice in the minority in a particular case, in which the justice wishes to express his or her reasoning in the case.

Judicial Restraint

Judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document’s meaning.

Judicial Activism

Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.