POLS Ch. 12 Federal Court System

criminal law

government charges an individual with violating a statue that has been enacted to protect public health and safety, morals, and welfare

plaintiff

alleges that a criminal violation has been committed. {In criminal cases the plaintiff is always the government}

defendant

person whom the complaint is filed

civil law

disputes that do not involve criminal penalties

precedents

prior decisions

trail court

first court to hear a criminal or civil case

court of appeals

court that hears appeals of trial court decisions.

supreme court

court of last resort. Article III of the constitution. Highest court in America

plea bargain

defendant agrees to plead guilty to reduce the charge

due process of law

guaranteed by the constitution. Right of every citizen against arbitrary action by national or state government

writ of habeas corpus

individuals must be shown the cause for their detention

chief justice

presides over the courts’ public sessions and conferences. Always the first to speak and the last to vote

judicial review

power of the judiciary to examine and invalidate actions by the legislative and executive branches if it finds them unconstitutional

solicitor general

top government lawyer in virtually all cases before the Supreme Court in which the government is a party

law clerks

Supreme Court justices are assigned four clerks

opinions

written explanations of the Supreme Court’s decision in a case. Important implication for future litigations

judicial restraint

court looks strictly to the constitution in interpreting its meaning

judicial activism

court should go beyond the words of the constitution or statute to consider the broader societal implications of its decision

class-action suit

legal action by a group with common interests