Government quiz (long one)

original jurisdiction

original jurisdiction

When a case is tried before the Court

Appellate jurisdiction

The power of a higher court to hear appeals from a lower court

Litigant

A person involved in a lawsuit

Due process

Fair treatment through the normal judicial system

Grand jury

A group of people selected to sit on a jury

Indictment

A formal charge or accusation of a serious crime

District court

Resolve disputes by determining the facts and applying legal principles; at least one in each state and 94 total

Circuit court

Has jurisdiction over several counties or districts within a state

Opinion

Someone’s view of something, not necessarily a fact

Solicitor general

The government’s defense lawyer

Brief

A written legal argument presented to a court

Amicus curiae

An advisor to a court of law in a case

Writ of certiorari

The supreme court orders a lower court to send up the record of the case for review

Majority opinion

Agreed to by more than half the members of a court

Dissenting opinion

Written by an appellate judge or Supreme court justice who disagrees with the majority opinion in a given case.

Oral argument

Presentation of a case before a court by spoken word

Judicial review

The supreme court has the final authority to find acts of government unconstitutional

Precedent

A decided case that is a basis for determining later cases involving similar facts or issues.

Free exercise clause

Protects citizens’ right to practice their religion as they please

Parochial school

A private school supported by a particular church or parish

Secular

Denoting attitudes, activities, and other things that have no religious or spiritual basis

Slander

Making a false spoken statement that damages a person’s reputation

Libel

A false statement that is published and damages a person’s reputation

Symbolic speech

Nonverbal, nonwritten forms of communication, like flag burning and burning draft cards

Seditious speech

Speech directed at the overthrow of government

Prior restraint

Suppression of material that would be published or broadcast, because it would be harmful or libelous.

Gag order

A judge’s order that a case may not be discussed in public

Law

A rule in which a country or community recognizes as the correct, legal procedures

Constitutional law

Rights carved out in the federal and state constitutions

Statute

A law enacted by a legislature

Ordinance

A piece of legislation enacted by a municipal authority

Common law

A body of law based on court decisions rather than codes or statutes

Procedural due process

Requires state actors to provide certain procedural protections before any person is deprived of life, liberty, or property

Voir dire

A preliminary examination of a witness or a juror by a judge or counsel

Civil law

A branch of law that regulates the non criminal rights and duties of persons

Expressed contract

An exchange of promises where the agreement is made either orally, in writing, or both

Implied contract

An obligation that derives from actions, conduct, or circumstances of one or more people in an agreement

Real property

The land plus anything growing on it or attached to it (including man made objects)

Personal property

Property not permanently affixed to land

Tort

An act or omission that gives rise to injury or harm to another (like assault or property damage)

Plaintiff

The party who brings a legal action or in whose name its brought

Defendant

The party who is being sued

Injunction

A court order that prevents a party from performing or ordering a specific act

Summons

A court form which notifies the defendant that they are being sued

Affidavit

A sworn statement a person makes, put in writing

Criminal law

A system of law dealing with law cases involving a crime

Misdemeanor

Any criminal offense punishable by imprisonment for under one year

Felony

Offenses that result in prison sentences of more than one year

Arrest warrant

A document issued by a judge that authorizes the police to take someone into custody

Plea bargain

The negotiation of an agreement between the prosecution and defense

Jury

A group of people empowered to make findings of facts and render a verdict for a trial

Verdict

The finding or decision of a jury on the matter submitted to it in trial (innocent/guilty)

Hung jury

A jury that is unable to reach a verdict by the required voting margin

Double jeopardy

No person can be convicted twice of the same offense

Sentence

The term of imprisonment or probation imposed on a convicted defendant for ciminal wrongdoing