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Chapter 14 FM
Judiciary
20
Political Studies
12th Grade
11/25/2008

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Term

Judicial Review

Definition
The power of a court to refuse to inforce a law or government regulation that in the opinion of the judges conflicts with the U.S Constitution or in a state court, the state consitution.
Term
Adversary System
Definition
A judicial system in which the court of law is a neutral arena where two partys agrue their differences.
Term
Justiciable Dispute
Definition

A dispute growing out of an actual case of controversy and that is capble of settlement by legal methods.

Term
Class Action Suit
Definition
Lawsuit brought by an individual or a group of people on behalf of all those similarily situated.
Term
Defendent
Definition
In a criminal action the person or party accused of an offense.
Term
Plea Bargin
Definition

Agreement between a prosecutor and a defendent that the defendent will plea guilty to a lesser offense to avoid having to stand trial for a more serious offense.

Term
Public Defenders System
Definition
Arrangment where by public officials are hired to provide legal assistance to people accused of crimes who unable to hire their own attorney.
Term
Political Question
Definition
A dispute that requires knowledge of a nonlegal character or the use of techniques not suitable for a court or explicitly assigned by the Consitution to Congress or the president; judges refuse to answer consitutional questions that they declare are political.
Term

Habeas Corpus

Definition
Court order requiring explantion to a judge while a prisoner is being held in custody.
Term
Original Jurisdiction
Definition
The authority of a court to hear a case "in the first instance."
Term
Appellate Jurisdiction
Definition
The authority to review decisions made by lower courts.
Term

Grand Jurry

Definition
A jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons are required to stand trai. If the jurry believes there is sufficiant evidence that a crime was committed, issues an indictment.
Term
Petit Jury
Definition
A jury of 6 to 12 persons that who determines guilt of innocence in a civil or criminal accusation.
Term
Magistrate Judge
Definition
An official that performs a variety of limited  judicial duties.
Term
 Senatorial Courtesy
Definition
Presidential custom of submitting the names of prosecptive appointees for approval to senators from the states in which the appointees are to work.
Term
Judicial Self-Restraint
Definition

Philosophy proposing that judges should interpert consitution to reflect what the framers intended and what it words literally say.

Term
Judicial Activism
Definition
Philosophy proposing that judges should interpert the constitution to current conditions and values.
Term

Stare Decisis

Definition

The rule of precedent where by a rule or law contains a judicial decision is commonly viewed as binding on judges whenever the same questions is presented. 

 

Term

Writ of Certiorari

Definition
A form of writ to bring a case before the Supreme Court.
Term

Amicus  Curiae brief

Definition

Literally a " friend of the court".

 

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