Card Set Information
The power of a court to refuse to enforce a law or govt. regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
A judicial system in which the court of law is a neutral arena where two parties argue their differences.
A law that defines crimes against the public order.
A law that governs relationships between individuals and defines their legal rights.
Ina criminal action, the person or party accused of an offense.
An 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.
A dispute growing out of an actual case or controversy that is capable of settlement by legal methods.
The party instigating a civil lawsuit.
The third-ranking official in the Department of Justice who is responsible for representing the United States in cases before the U.S. Supreme Court.
Public Defender System
An arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
The authority of a court to hear a case "in the first instance."
The authority of a court to review decisions made by lower courts.
Court of Appeals
A court with appellate jurisdiction that heats appeals from the decisions of lower courts.
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.
The presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
A philosophy proposing that judges should strike down laws that are inconsistent with norms and values stated or implied in the Constitution.
A philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution.
Writ of Certiorari
A formal writ used to bring a case before the Supreme Court.
In Forma Pauperis
A petition that allows a party to file "as a pauper" and avoid paying court fees.
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 immediate parties to a case.
Opinion of the Court
An explanation of a decision of the Supreme Court or any other appellate court.
An opinion disagreeing with the majority in a Supreme Court ruling.
An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.
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.