vocab judicial branch test- government exam vocab

inferior courts

inferior courts

any lower courts underneath the Supreme Court including Constitutional & Special Courts

jurisdiction

the authority of a court to hear a case

plaintiff

person who files the lawsuit

defendant

 the person against whom the complaint is made

judicial restraint

the belief that judges should decide cases based on the original intent of the framers of the Constitution using precedent

precedent

 a judicial decision that serves as a guide for settling later cases of a similar nature

judicial activism

the Constitution should be interpreted and applied to judge decisions in the light of ongoing changes in conditions and values

judicial review

the power to decide the constitutionality of an act of government within any branch

writ of certiorari

an order of the Supreme Court calling up the records of the lower court so a case may be reviewed

certificate

a process used when a lower court is not clear about the procedure or the rule of law that should apply in a case so they ask SCOTUS to clarify the answer

criminal case

one where a defendant is tried for committing some action that Congress has declared by law to be a federal crime

civil case

involves some non-criminal matter- such as disputes over terms of a contract or bankruptcy case

docket

the list of cases pending on a court’s calendar 

guantanemo bay

detention camp to detain suspected al-Qaeda and Taliban operatives

prosecutor

legal professional who represents the government in criminal cases. They are responsible for presenting evidence, questioning witnesses, and arguing the case against the defendant in court. Their goal is to prove the defendant’s guilt and seek a conviction

plea bargain

an agreement between the prosecutor and the defendant where the defendant agrees to plead guilty to a lesser change or to cooperate with the prosecution in exchange for a reduced sentence or other concessions

supreme court

the highest court in the United States and serves as the final authority on legal matters

district courts

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

circuit court of appeals

the appeals courts of the federal court system that review decisions of the lower (district) courts

senatorial courtesy

the President talks with the Senate on who they would want and normally selects someone who the Senators of that state recommend

oral argument

the opportunity for lawyers to present their case and arguments verbally before a court. They have the chance to persuade the judges through their spoken arguments, presenting their legal reasoning, interpretations, and supporting evidence.

amicus curiae

a brief filed by a group or person not in the case but has great interest in it 

indictment

a formal charge or accusation of a serious crime

jury

a body of people selected to hear evidence and decide the results of a court case

grandy jury

decide if there is enough evidence for an indictment

petit jury

the trial jury, normally 12 people

bench trial

no jury, only a judge who decides the case

solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

courts martial

military courts that serve the special disciplinary needs of the armed forces and are not a part of the federal court system

brief

 a written legal argument presented to a court by one of the parties in a case